f f m mk Riff 




H no 

■UP 



ml 
WmllM 




Hi 






91 m 



11 I 

Rflufim if ffitfni 



nun 



II 



BHHHHi 
JlflHflHI 





rjas* LA ° >7n 

Book 'L- Z 






University of Texas Bulletin 

No. 1824: April 25, 1918 



EDUCATION IN TEXAS 
SOURCE MATERIALS 



COMPILED BY 
FREDERICK EBY 



EDUCATION SERIES NO. 2 




PUBLISHED BY 

THE UNIVERSITY OF TEXAS 

AUSTIN 



Publications of the University of Texas 

Publications Committee : 

F. W. Graff R. H. Griffith 

G. C. Butte J. L. Henderson 
D. B. Casteel E. J. Mathews 
Frederic Dun calf C. E. Rowe 

The University publishes bulletins six times a month, so num- 
bered that the first two digits of the number show the year of 
issue, the last two the position in the yearly series. (For ex- 
ample, No. 1701 is the first bulletin of the year 1917.) These 
comprise the official publications of the University, publications 
on humanistic and scientific subjects, bulletins prepared by the 
Department of Extension and by the Bureau of Government Re- 
search, and other bulletins of general educational interest. "With 
the exception of special numbers, any bulletin will be sent to a 
citizen of Texas free on request. All communications about Uni- 
versity publications should be addressed to the Chairman of the 
Publications Committee, University of Texas, Austin. 



JB82-719-1500 



University of Texas Bulletin 

No. 1824: April 25, 1918 




EDUCATION IN TEXAS 
SOURCE MATERIALS 



COMPILED BY 
FREDERICK EBY 



EDUCATION SERIES NO. 2 




PUBLISHED BY THE UNIVERSITY SIX TIMES A MONTH. AND ENTERED A& 

SECOND-CLASS MATTER AT THE POSTOFFICE AT AUSTIN. TBXA8. 

UNDER THE ACT OF AUGUST 24. 1912 






The benefits of education and of 
useful knowledge, generally diffused 
through a community, are essential 
to the preservation of a free govern- 
ment. 

Sam Houston. 



Cultivated mind is the guardian 
genius of democracy. . . It is the 
only dictator that freemen acknowl- 
edge and the only security that 
freemen desire. 

Mirabeau B. Lamar. 



U8RAHY OF CONGRESS \ 

R6C4IVE0 

inndW rnNtS DIVISION 



■d 



To 

WILLIAM SENECA SUTTON 

Who for thirty-five years has labored unremittingly 
for the advancement of education in this State 



PREFACE 

These source materials are here brought together to enable 
teachers and other students of Texas History to appre- 
ciate more fully the progress of education in this State. A 
wealth of educational documents and publications of various 
kinds is available in most periods, and a choice of necessity 
had to be made. It may be that in some instances better ma- 
terials could have been selected, and it may be that in some 
few cases valuable source materials have been overlooked. 
However, a careful effort has been made to secure the best 
presentation of each phase of educational activity and opinion 
so that the student may form the most accurate judgment con- 
cerning educational sentiment and practice during each epoch. 

It has been my desire in selecting materials to furnish a consid- 
erable variety in order to reveal most concretely the real edu- 
cational spirit and atmosphere which existed during the nu- 
merous changes in popular sentiment. Legislative enactments 
and the formal official reports of the day sometimes fail to 
portray the actual conditions of education and the attitude of 
the people toward the schools. In any case these official re- 
ports are rather dry and lifeless. For this reason the obser- 
vations and views of contemporary writers and critics have 
been frequently included. 

My original purpose had been to bring these sources well 
up to our own day. However, as the work progressed, it be- 
came abundantly apparent that the volume would become en- 
tirely too bulky, if the latter decades were included. I de- 
cided, therefore, to limit the materials to the period prior to 
1890. By that date all the fundamental features of our pres- 
ent educational system had become permanently established. 
The people of Texas had finally adopted the policy of a free 
public school system, including all grades from the primary 
to the University. Local taxation, and State, county and local 
supervision were recognized. Normal schools were established, 
and other provision made for the training of teachers. From 
that time there has been no serious interruption in the prog- 
ress of education in the State. The only fundamental addi- 
tions have been the adoption of compulsory attendance in 
1915, and the recognition of the kindergarten as an integral 
factor in a public educational system in 1917. 

Practically nothing concerning the University of Texas has 
been included in this volume. For such materials the student 
should have access to the admirably compiled and complete 
Source Book recently published by Dean H. Y. Benedict of the 



vi Preface 

University. To reproduce any of these materials would 
be a prodigal and needless labor. 

The first reference has usually been the text followed. Scrupu- 
lous care has been taken to furnish an exact copy. Even mis- 
takes in spelling and punctuation have been reproduced, and 
the typographical form so far as possible. 

Since going to press the University has secured several large 
boxes of papers collected by Dr. Ashbel Smith. This collection 
is rich in materials bearing on Texas education for over half a 
century. It is greatly to be regretted that many of these cannot 
be included here. 

Special obligations must be acknowledged to several friends 
of Texas education who have lent suggestions and advice from 
time to time. Among these particular mention must be made 
of Mrs. Mattie Austin Hatcher, M.A., Archivist of the Uni- 
versity of Texas, who assisted materially in assembling as 
well as in the selection and translation of documents in the 
Bexar Archives; and of Mr. Carlos E. Castafieda for the main 
task of translating the Spanish documents used in the text. 

May the compiler express the hope that this volume will be 
instrumental in arousing interest in the past developments of 
education in the Lone Star State, and by directing attention 
to the past, lead to a more intensive and appreciative study of our 
present needs and problems. 

FREDERICK EBT. 

The University of Texas, 
May 1, 1919. 



CONTENTS 
CHAPTER I. PERIOD OF SPANISH EDUCATION 

PART I. TRAINING OF THE NATIVE TRIBES 

Report on Mission Rosario 1 

List of Missions Established in Texas 3 

Royal Orders Establishing Schools in Spanish America.... 4 

PART II. EDUCATION OF THE COLONISTS 

Petition to the Cabildo 8 

Proclamation of Juan Bautista Elguezabal 11 

Order to the Captains and Commanders 11 

Response to the Order of the Comandante General 14 

Report of School Equipment 14 

The Governor's Announcement of the Opening of the School 

in San Fernando, 1809 15 

School Plans and Building at San Antonio 16 

Reply of the Commandant General 13 

Public School 19 

Inventory and Conveyance of the School-House and of the 

Furniture in it, etc 20 

Memorial de Don Miguel Ramos de Arispe 21 

EDUCATIONAL AFFAIRS IN SAN ANTONIO AND LA BAHIA 

Minutes of the Ayuntamiento 23 

School Established in 1817 24 

Early San Antonio Teachers 25 

First Efforts at La Bahia (Goliad) 25 

School Reports Required 26 

CHAPTER II. THE MEXICAN PERIOD 

PART I. MEXICAN INTEREST IN EDUCATION. 

Constitutive Acts of the Mexican Federation 27 

Report Made by the Secretary of State of Foreign Affairs. . 28 

Constitution of the State of Coahuila and Texas 29 

Regulations for the Economic and Political Government of 

the Free State of Coahuila and Texas 30 

Decree (No. 22). Contract with the Government of the State 

for the Colonization of Five Hundred Families 32 



viii Contents 

Instructions to the Commissioner Appointed by the Legisla- 
ture of the State 32 

Decree No. 92 33 

Decree No. 129 37 

Decree No. 144 37 

Decree No. 229 38 

Decree No. 244 40 

DOCUMENTS RELATING TO THE SCHOOL AT NACOGDOCHES 

Padre Diaz to Cordova 41 

Musquiz to the Ayuntamiento of Nacogdoches 42 

Circular 43 

Contributions for Building Church and School 45 

Installation of Teacher 46 

Musquiz to the Alcalde at Nacogdoches 47 

Land Grant to Nacogdoches for Primary School 48 

Commission of Public Instruction: Sors. Arreola, Hernan- 
dez, and Carriaga 49 

Nacogdoches School Statistics 50 

THE SCHOOL AT LA BAHIA (GOLIAD) 

Regarding a Case of Discipline 51 

■ A Teacher 's Complaint 52 

Educational Condition Described 53 

Letter to Musquiz 53 

Copy set for Children 's Writing 55 

EDUCATION IN SAN ANTONIO 

Bexar Without a School in 1823 55 

First Effort to Establish a School ' . . 56 

The Political Chief to the Ayuntamiento 57 

The Ayuntamiento to the Political Chief 58 

Estimate of the Cost of Building 58 

Tax for Maintenance of School-master 60 

Political Chief to the Governor of the State 60 

Governor to the Congress 61 

The Action of Congress 62 

Report of Congressional Committee on the Establishment of 

a Grammar School 63 

Report to the Political Chief 64 

School Equipments Ordered 65 

Instructions to the Treasurer of the School Fund 65 

Ordinance Which Shall Be Observed in the Public Free 

Primary School, etc 66 

Invitations to the Maclure School 78 

Memorial of the Inhabitants of Bexar to the Honorable 
Congress, etc 81 



Contents ix 

A School Report. Free Primary School of the City of Be jar. 81 

Summary of School Statistics for Bexar 83 

Teachers in San Antonio de Bexar 83 

EDUCATION AT GONZALES 

Minutes of the Ayuntamiento 83 

ENACTMENTS OF THE FEDERAL GOVERNMENT 

Federal Control and the Establishment of a Normal School. 85 

Number 56 : _ gg 

Decree No. 48 gg 

Almonte 's Report " 91 

PART II. ANGLO-AMERICAN EDUCATIONAL EFFORTS 

BEGINNING OF THE ANGLO-AMERICAN SCHOOLS 

Notice in St. Louis Enquirer c # 93 

A Teacher's Contract [ 94 

First Sunday School in Texas 95 

An Early Newspaper Article 9g 

Early Example of a School Advertisment ........ 102 

PLANS OF STEPHEN F. AUSTIN FOR EDUCATION 

Project of a Constitution for the Republic of Mexico. Formed 

by Stephen F. Austin of Texas 103 

Letter of Buchetti to Austin [[ 104 

Buchetti to Williams 105 

Proposed Decree Establishing a School. . . .......... . !l06 

Austin to J. H. Bell " 107 

Bell 's Reply to Austin 1 08 

Austin 's Reply to Bell ' ." 108 

Martin to Austin 109 

Austin to Bell ' 'm 

Stephen F. Austin's Plan of a College. .... . . . . . . . . . ' [ ' ' '. .m 

Minutes of the Ayuntamiento of San Felipe de Austin, 

1828-32 i"i o 

Municipal Ordinance . ' 117 

School Statistics for San Felipe de Austin ........... 118 

Proceedings of the Convention of Texas 119 

Secessional Constitution ; [ 12i 

The Reminiscences of Mrs. Dilue Harris 122 

Earliest Anglo-American Schools in Texas. .............. !l26 

CHAPTER III. EDUCATION DURING THE REPUBLIC 

The Declaration of Independence made by the Delegates of 
the People of Texas in General Convention, at Washing- 
ton, Texas, on March 2nd, 1836 T. 130 



x Contents 

The Constitution of the Republic of Texas 131 

Philosophical Society of Texas 131 

Recollections of Early Schools 134 

Address of Hon. Robert I. Walker, U. S. Senator from 

Mississippi 146 

First Legislation on Education 147 

Anson Jones on Education 148 

First Congressional Committee on Education 148 

Early Bills on Education 149 

Message of the President 1 50 

Another Early Bill 153 

Report of the Committee on Education 153 

Proceedings of the Third Congress 164 

An Act 166 

An Act 167 

Law Establishing a School System 168 

Report of the Secretary of State 171 

An Act ' i 172 

An Act 173 

An Act 174 

An Act 174 

Recollections of Early Schools; Education in 1837 175 

Editorial on a School System 176 

Letters to President Lamar 177 

Literacy of the Texas People 185 

The Old Settlers 187 

Popular Interest in High Schools 187 

Newspaper Comment 188 

An Act to Establish and Incorporate Rutersville College .... 189 

Second Annual Catalogue of Rutersville College, 1841 193 

Report on the Public Examination at Rutersville College. . . .196 

Educational Conditions and the Training of Teachers 198 

Description of School House 200 

An Early Plea for the Education of Girls 200 

Editorial Comment on Land Grants 201 

Valedictory Remarks Made at Washington to the Congress 

of the Republic of Texas 202 

Higher Institutions Chartered During the Republic. 204 

Institutions Granted State Lands with Charters 205 

CHAPTER IV. FROM ANNEXATION TO THE WAR 

Journal of the Constitutional Convention, 1845 206 

The Constitution of 1845 212 

Message of President Anson Jones 213 

Message of Governor J. Pinkuey Henderson 214 

Message of Governor George T. Wood. . .■ 215 



Contents xi 

Message of Governor George T. Wood 216 

Message of the Governor to the Fonrth Legislature 218 

Message of the Governor to the Fifth Legislature 223 

German Mass Meeting, 1851 224 

Governor's Message 225 

Proceedings in the Senate 229 

Debates in the House 245 

Address to the Friends of Education Throughout the State. 263 

An Act to Establish a System of Common Schools 264 

Circular i 270 

First Report of the Ex-Officio Superintendent 272 

Results from the Common School Law of 1854 and 1855 277 

State Superintendent Recommended by Ex-Officio Superin- 
tendent 278 

Message of Governor E. M. Pease 279 

An Act Making Appropriations for the Use and Support of 

the State Government for the Years 1856 and 1857 284 

House Document. — Internal Improvement Committee Report 
on Bill for the Investment of the Special School Fund 

in the Bonds of Railroad Companies, 1856 284 

State Superintendent Advocated 289 

An Act Providing for the Support of Schools 289 

Circular ' 295 

Report of the Ex-Officio Superintendent 301 

Abstract of Reports of County Courts 311 

Message of Governor Pease to the Seventh Legislature, 1857.317 

COMMON SCHOOLS OPPOSED TO UNIVERSITY 

Proceedings of the Senate 322 

Proceedings of the House 326 

An Act to be Entitled an Act Supplementary to and Amenda- 
tory of an Act Providing for the Support of Schools, 

Approved 29th August A. D. 1856 332 

Message of Governor Runnels to the Seventh Legislature . . 337 
Message of the Hon. Hardin R. Runnels, Governor of Texas. 340 

Report of the State Superintendent 345 

Extracts from Reports of County Courts 347 

MUNICIPAL EFFORTS TO ESTABLISH SCHOOLS 

An Act to authorize the Corporation of Galveston to Levy 
a Tax for the Support of Free Schools 352 

An Act to Establish and Incorporate the City of Corpus 
Christi ' 353 

An Act to Establish Public Free Schools in the County of 
Galveston 353 

An Act Authorizing the Trustees of the Several School Dis- 



xii Contents 

tricts of the Several Districts of Comal County to Levy 
and Collect a Special Tax for School Purposes 357 

An Act to Incorporate the German Free School Association 
of the City of Austin 358 

An Act to Incorporate the New Braunf els Academy 359 

An Act to Amend the 5th Section of An Act to Incorpo- 
rate New Braunf els Academy, Passed Feb. 5th, 1858 .... 359 

An Act to Create the County of Liveoak, and Attach it to 
the Fourteenth Judicial District 360 

An Act to be Entitled an Act to Incorporate the Freestone 
School Association 361 

THE CONDITION OF CULTURE ABOUT 1850 

General Educational Interest 362 

Texas in 1850 363 

Literature 379 

The Troubles of a School Master 380 

RELATING TO HIGHER EDUCATION 

Speeches at the Southern Convention 384 

Wesleyan College 388 

Laws of McKenzie College 391 

List of Higher Institutions of Learning 394 

Message of Governor Sam Houston to the Legislature of 

Texas, Austin, January 13, 1860 404 

An Act Concerning Common Schools 405 

CHAPTER V. WAR TIME AND RECONSTRUCTION 

Journal of the Secession Convention, 1861 407 

The Constitution of the State of Texas, as Amended in 1861.416 

Inaugural Address of Gov. Murrah 417 

Message of Gov'r P. Murrah to the Tenth Legislature 418 

Co-Education 420 

Journal of the Texas State Convention 420 

Constitution of 1866 449 

An Ordinance Securing the Common School and University 

Fund, and for other Purposes 453 

Inaugural Address of Governor Throckmorton, Delivered in 

the Representative Hall, Austin, August 9th, 1866 453 

Message of Governor Throckmorton .454 

Special Message of the Governor 457 

On Granting Academic Degrees 458 

Sale of School Lands 459 

An Act Regulating Public Schools 460 

Provision for Pauper Education 465 



Contents xiii 

POLITICAL PLATFORMS 

Republican State Convention, 1867 466 

Republican State Convention, 1868 467 

Radical Republican Convention, 1868 468 

Conservative Reconstructionist State Convention, 1868.... 469 
Convention of Democratic Editors, 1869 469 

Message of Governor Pease to the Constitutional Convention . 470 

Journal of the Reconstruction Convention, 1868 471 

Constitution of the State of Texas, 1869, Article IX 516 

Report of the Federal Commissioner of Education 518 

Message of the Governor, Edmund J. Davis 519 

An Act to Establish a System of Public Free Schools for the 

State of Texas 521 

Governor 's Message 528 

An Act to Give Effect to the Several Provisions of the Con- 
stitution Concerning Taxes 532 

An Act to Organize and Maintain a System of Public Free 

Schools in the State of Texas 533 

Rules and Regulations .for the Government of the Public 

Free Schools in the State of Texas 536 

Report of the United States Commissioner of Education. . . .542 
Abstract from the Official Reports of the School Officers of 

States, etc 542 

Taxpayers' Convention, 1871 546 

Compulsory Feature in the Radical School Law 553 

Senator M. C. Hamilton on the Free School System 556 

The Democratic Party and Public Free Schools 557 

Republican State Convention, 1872 559 

Democratic State Convention, 1872 560 

An Act to Set Apart One-half of the Public Domain for the 

Support and Maintenance of Public Schools 561 

An Act to Establish and Maintain a System of Public Free 

Schools in the State of Texas 562 

An Act to Authorize the Cities of Texas to Maintain Pub- 
lic Schools 571 

Circular to the Democracy of Bastrop County and Voters 

Generally '. 572 

A Candid Criticism 578 

CHAPTER VI. RE-ESTABLISHMENT OF THE PUBLIC 
SCHOOL SYSTEM 

Colored Men's Convention, 1873 581 

German Convention, 1873 584 

Republican State Convention, 1873 585 

Democratic State Convention, 1873 586 



xiv Contents 

Message of the Governor 587 

Message of the Governor 590 

Journal of the Constitutional Convention, 1875 599 

Constitution of the State of Texas. Adopted 1895 — Ratified 

1876 673 

Constitutional Convention, 1875 — Address to the People 677 

Democratic State Convention, 1876 681 

Republican State Convention, 1876 682 

Message of Governor Coke 683 

School Law of 1876 687 

Texas State Grange, 1878 705 

Independent Greenback Convention, 1878 705 

Democratic State Convention, 1878 706 

Greenback Labor State Convention, 1878 706 

Republican State Convention, 1878 707 

REPORT OP THE PEABODY AGENT 

Fifteenth Meeting of the Trustees, October 3, 1877 708 

Sixteenth Meeting of the Trustees, October 2, 1878 711 

Seventeenth Meeting of the Trustees, Oatober 1, 1879 715 

Governor 's Message 716 

Municipal Control of Public Schools 720 

The Available School Fund 722 

Law Governing Voting Taxes in Cities and Towns 723 

MESSAGES OF GOVERNOR ROBERTS 

Message on Free Common Schools 724 

Appropriations for Support of Free Schools and Payment 

of Public Debt .733 

Governor's Message to Extra Session of the Sixteenth Legis- 
lature 741 

Message of the Governor to the Seventeenth Legislature. . .751 
General Message on the Judiciary, Education, Insurance, 

Statistics and History, Railroads, etc 753 

Message to the Eighteenth Legislature 764 

President Crane on Higher Education 771 

Texas State Grange, 1880 773 

Republican State Convention, 1880 774 

Democratic State Convention, 1880 774 

Greenback-Labor State Convention, 1880 776 

Greenback State Convention, 1882 776 

Democratic State Convention, 1882 777 

Texas State Grange, 1882 778 

Republican State Convention, 1882 779 

Republican State Convention, 1884 780 



Contents xv 

Democratic State Convention, 1884 781 

Burleson 's Letter to Roberts 781 

Sam Houston Normal 785 

Law Governing Voting Taxes in Cities and Towns 787 

An Act Providing Lands for Counties to be Organized 789 

Towns and Villages Allowed to Incorporate 790 

Evolution of Educational Opinion, 1876 to 1884 791 

CHAPTER VII FINAL TRIUMPH OP THE STATE 
SCHOOL SYSTEM, 1883-1890 

Inaugural Address, 1883 794 

Messages of Governor Ireland 795 

Amendment to the Constitution 802 

School Law of 1884 803 - 

Democratic State Convention, 1884 810 

Greenback State Convention, 1884 811 

"Straight-Out" Republican Convention, 1884 812 

Democratic State Convention, 1886 . 813 

Republican State Convention, 1886 815 

Prohibition State Convention, 1886 815 

Grand State Farmers' Alliance, 1886 816 

Prohibition State Convention, 1888 817 

Report in Encyclopaedia Britannica 817 

Report of the New State Superintendent 818 

Message of Governor Ireland 821 

LOCAL SUPERVISION 

Superintendent Baker's View 822 

Superintendent Cooper on County Supervision 825 

Law Authorizing County Superintendents 829 

The Community System 830 

Some Defects in the School System 832 

THE ORGANIZATION OF THE HIGH SCHOOL 

Views of State Superintendent Baker 835 

How Far Should Public Free Instruction Be Carried ? 837 

State Superintendent Cooper 's Views 844 

To the People of Texas. An Address by the Board of Re- 
gents of the University of Texas 847 

The State's Duty to Common Schools and the University 

Contrasted 848 

Secondary Instruction 850 

Organization of Public High Schools 851 

Bibliography 852 

Statistical Tables 925 

Index of Subjects. 943 

Index of Persons 956 



EDUCATION IN TEXAS 

CHAPTER I 

PERIOD OF SPANISH EDUCATION 

The educational efforts of the Spaniards in Texas were directed to 
two distinct ends: the training of the savage native tribes in the funda- 
xntal habits of civilized life, and imparting the simpler elements 
of learning to the children of the small body of colonists and of the 
soldiers of the several garrisons. Nacogdoches and San Fernando de 
Bexar were the two settlements of any importance throughout the per- 
iod. Through the years repeated efforts were put forth by the Gov- 
ernors, the Ayuntam-ientos and by private parties to establish schools 
and maintain them in continuous operation. But the conditions were 
very unfavorable. The sources offer a satisfactory basis to form a 
fairly adequate conception of what educational interest there was and 
the condition of the schools. 

PART I.— TRAINING OF THE NATIVE TRIBES 

The Spanish Regency in the New World undertook to train the na- 
tive savages into the life habits of Ghristian civilization. This task 
was undertaken jointly by the civil and religious authorities. So far 
as Texas was concerned two objects were to be achieved. On the one 
hand they desired to train a body of soldiers which would form a 
defense against the threatened encroachments of the French in Louisi- 
ana; and, on the other hand, they expected to extend the domain of the 
church by converting the savage population. The Missions were thus de- 
sighed to inculcate Christian habits of conduct and at the same time 
to implant skill in the common arts and crafts. The description which 
follows below is taken from the official report of Father Solis on his 
inspection of Mission Rosario in 1768. The regal order of 1816, quot- 
ing prior orders of the Spanish King as early as 177S and 1782 is 
quite important in several points, though these orders were received too 
late to affect educational efforts in Texas. 

REPORT ON MISSION ROSARIO 
FATHER SOLIS 



The opinion which I have formed of this mission of Neustra 
Seiiora del Rosario is as follows : As to material wealth it is 



2 University of Texas Bulletin 

in good condition. It has two droves of burros, about forty 
gentle horses, thirty gentle mules, twelve of them with harness, 
five thousand cattle, two hundred milch cows, and seven hun- 
dred sheep and goats. The buildings and the dwellings, both 
for the ministers and for the soldiers and the Indians, are 
good and sufficient. The stockade of thick and strong stakes 
which protects the mission from its enemies is very well 
made. The church is very decent. It is substantially built 
of wood, plastered inside with mud, and whitewashed with 
lime; and its roof of good beams and shingles looks like a 
dome. . . . 

This mission was founded in 1754. Its minister, who, as I 
have already said, is Fr. Joseph Escovar, labors hard for its 
welfare, growth, and improvement. He treats the Indians 
with much love, charity and gentleness, employing methods 
soft, bland, and alluring. He makes them work, teaches them 
to pray, tries to teach them the catachism and to instruct them 
in the rudiments of our Holy Faith and in good manners. He 
aids and succors them as best he may in all their needs, cor- 
poral and spiritual, giving them food to eat and clothing to 
wear. In the afternoon before evening prayers, with a stroke 
or! the bell, he assembles them, big and little, in the cemetery, 
has them say the prayers and the Christian doctrine, ex- 
plains and tries to teach them the mysteries of onr Holy 
Faith, exhorting them to keep the commandments of God and 
of Our Holy Mother Church, and setting forth what is neces- 
sary for salvation. . . . 

(The Indians) are all barbarous, idle, and lazy; and although 
they are so greedy and gluttonous that they eat meat almost 
raw, parboiled, or half roasted and dripping with blood, yet 
Jather than stay in the mission where the padre provides them 
everything needed to eat and wear, they prefer to suffer 
hunger, nakedness, and other necessities, in order to be at 
liberty and idle in the woods or on the beach, giving them- 
selves up to all kinds of vice, especially Inst, theft, and danc- 
ing. 1 

a Sclis, Diario, in Mcmorias de Nueva Espana, XXVII, 256-259. 
Quoted from Bolton, H. E., The Founding of Mission Rosario. In Quar- 
terly of the Texas State Historical Association, Vol. X, 137-139. 



. Education in Texas 3 

LIST OF MISSIONS ESTABLISHED IN TEXAS 
Year Name of Mission 

EARLIEST EFFORT IN EAST TEXAS'. 
These were established in order to protect East Texas from 
the encroachments of the French, and were in the neighbor- 
hood of Nacogdoches. They were abandoned in 1693. 
1690 San Francisco des los Tejas. 
1690 Santisima Nombre de Maria. 

SECOND EFFORT IN EAST TEXAS'. 
Within reach of these six missions were some 4,000 to 

5,000 Indians. This second effort was designed to be more 
permanent and a colony of Spaniards was attempted. Sev- 
eral of these missions were removed to San Antonio in 1731. 

1716 San Francisco de los Neches. 

1716 La Purisima Concepcion. 

1716 Nuestra Seiiora de Guadalupe de los Nacogdoches. 

1716 San Josef de los Nazones. 

1717 San Miguel de los Adaes. 

1717 Nuestra Seiiora de los Dolares de los Ais. 

MISSIONS AT S'AN ANTONIO AND IN S'OUTH TEXAS 

1718 San Antonio de Valero (Alamo). 
1720 San Jose de Aguayo. 

1722' San Xavier de Naxera. 

1731 Concepcion (removed from East Texas). 

1731 San Fernando. 

1731 San Francisco de la Espada (removed from Fast Texas). 
1731 San Juan de CapistrailO (removed from East Texas), 

Founded to convert Karankawa Indians. Moved in 1726 to 

the Guadalupe River, and in 1749 to Santo Dorotea (New 

Bahia). 
1722 Espiritu Santo de Zuiiiga. 

MISSIONS' IN CENTRAL TEXAS 

These were established on the road to the East Texas 
Missions near the present town of Rockdale. 
1745 San Francisco Xavier. 
1749 Candaleria. 
1749 San Ildefonso. 
1757-5S Nuestra Seiiora de Guadalupe. 



1 University of Texas Bulletin 

SOUTH TEXAS. 

1754 Nuestra Sefiora del Rosario de los Cujanes. 

ON THE LOWER TRINITY RIVER 

1756 Nuestra Sefiora de la Luz. 

MISSIONS IN WEST TEXAS 

1757-58 San Saba. 
1762-66 Canadaleria. 
1762-69 San Lorenzo. 

SOUTH TEXAS 
1791 Refugio (removed the same year some distance to the West). 

In the year 1793 the more important missions were secularized, that 
is to say, the missions with their property were transferred from the 
Franciscan order to the regularly organized Catholic Church. The 
lands were parcelled out, each neophyte receiving a portion which he 
was henceforth to cultivate for himself. He now lived in his own 
house, and no longer stored in the common granery. Just how far this 
secularization extended at this time is not known, but all the missions 
were surrendered by 1825. The missions were from the start always 
intended merely to train the Indians to industrial and religious life as 
speedily as possible, and then they were to be followed by the setting 
up of regular civil communities in accordance with Spanish methods 
of colonization. 

ROYAL ORDERS ESTABLISHING SCHOOLS IN 

SPANISH AMERICA 

Translated by Carlos E. Castaiieda, assisted by Mrs. 

Mattie Austin Hatcher. 1 

Sor D. Estevan Varea, Secretary of the supreme council for 
the Indies with the official communication of the 20th of June 
last, incloses me the following royal dispatch. 

The King — My Real Audiencia of Charcas in compliance with 
the instructions of my royel eedula of the 28th of January, 1778 
regarding the establishment of schools in the Indian settlements 
to teach Spanish, has reported with due testimony by letter of 



Unless otherwise mentioned all translations are to be credited to 
these two. 



Education in Texas 5 

the 15th of August of the same year that the desired end has 
been accomplished in some of them through its efforts. It de- 
clares that since the corregidor of the province of Paria had 
no resources in his settlements to furnish the schools, nor the 
means with which to pay the other indispensable expenses, he 
proposes that the salary of the teachers and other expenses that 
may be necessary should be paid from the funds in the general 
treasury of the censos established in some of the settlements. 
This project was approved by other corregidores and several 
curas of that archbishopric. But the saidAudiencia considering 
that the said funds are used for the benefit of the said Indians, 
has informed me, that I may decide whether, in default of this 
resource, the rents of the public funds in the settlements where 
they exist, as many do not have this fund, could be drawn upon 
for the said establishment of schools. While waiting my royal 
decision, it ordered the said corregidor of Paria to open schools 
in the principal settlements in which, if there should be arable 
land, he should set apart a sufficent tract to be planted and cul- 
tivated by the community, and in those settlements in which 
there is an abundance of stock, the Indians should contribute 
one, two, or three head of cattle once, according to their ability, 
so that, by taking care of them, a competent fund be created 
with the proceeds of which and that of the crops, the expenses 
of the schools could be paid. And my Council of the Indies 
having informed me of what their treasurer reported, and my 
financial agents recommended, I have determined that schools 
be established where they do not exist as ordered by law and 
statutes ; that the parents be induced, by the gentlest means and 
without the use of coercion, to send their children to the said 
schools; that the payment of teachers be made; first, from the 
proceds of the revenue where there is any, and the rest out of 
the public funds in agreement with the provisions made by law ; 
that the Presidentes and Audiencias look after the election of 
efficient teachers and the assignment of their salaries according 
to the population and conditions of the settlements; and that 
the Very Reverend Archbishops, and Reverend Bishops co- 
operate to this end personally and by means of tactful sugges- 
tions to the fathers of families; and that they ask the priests 



6 University of Texas Bulletin 

to persuade their parishioners with the greatest gentleness and 
affability, of the advantage and expediency of their children 
learning Spanish for their better instruction in the Chris- 
tian doctrines and polite intercourse with all persons. There- 
fore, ] command the Presidentes and Audiencias of my king- 
doms of the Indies, and I request and charge the Very Rev- 
erend Archbishops, and Reverend Bishops of those dominions, 
that each on his part keep, observe, and execute this my royal 
resolution. Given in San Lorenzo el Real, the fifth of Novem- 
ber, 1782 — I, the King — By order of the King, our lord, Miguel 
dc San Marl in Cueto. 

Later Don Tadeo Garate ex-deputy of the .province of Puno, 
in his exposition of the 27th of July of last year, has made 
known the need of primary schools which exists in his province 
due to the failure to carry out the provisions for the founding 
of these nsefnl establishments. For this reason, he has reported 
the great evils caused by the total ignorance in those, my do- 
minions, and the physical impossibility of the Indians being able 
to acquire the necessary knowledge' of the duties of man to 
God and to his fellowmen on account of the lack of education 
and the understanding of Spanish. In order to remedy these 
grave evils to religion and the state, caused by the absolute lack 
of instruction of those natives, he begs that I should be pleased 
to command that there should be established in each Pueblo one 
public school, or at least three or four in each province, recom- 
mending for the payment of teachers the public property of the 
Indians. 

And my Council for the Indies having seen this petition with 
all antecedents on the matter, and aware of what their treas- 
urer in view of them has reported concerning it, and my attorney 
general advised, I have determined that the inserted royal order 
be reenacted, urging again its strict observance. In consequence 
of which I command the viceroys, Presidentes, and Audiencias, 
and charge and urge the V. R. Archbishops and R. Bishops of 
my kingdoms of the Indies to keep, observe, and fulfill what is 
provided therein concerning the establishment of schools. For 
this purpose they should, in the settlements where there are 
religious communities, try to induce the individuals to take in- 



Education in Texas 7 

tcrest in education, demonstrating the great benefit which will 
accrue to religion raid the state, which will he very pleasing to 
me. And you will notify me of those who promote ami dedicate 
themselves to such a worthy work, upon which depends, to a 
great extent, the tranquility and happiness of those dominions. 
Issued in the Palace, sixth of July, 1815 — I, the King — By 
order of the King, our lord. Estevan Varea — signed with three 
rubrics. 

And I transmit it to you for your intelligence and corres- 
ponding ends. 

God keep you many years — Monterrey 21st of February 1816. 

Joaquin de Arredondo [Rubric] 

[Addressed:] 

Governor of Texas. 1 

His Excellency, the Viceroy of this Kingdom, under date of 
July the 10th last wrote me as follows : 

"I enclose you a copy of the royal ccdula of the 14th of No- 
vember last in which His Majesty orders the creation and estab- 
lishment of primary schools in all the pueblos in which they 
may be deemed suitable and necessary for the civilization of the 
Indians, in order that, by requiring the necessary information 
from the subdclegates in your district, you may render me a 
report, as soon as possible, relative to the primary schools al- 
ready established under municipal support and their donations, 
and suggest measures which may be adopted for their greater 
possible perfection and public utility, as well as other circum- 
stances — a similar report of the pueblos and localities where 
they do not exist, and where they may be needed — also, suggest 
the least burdensome resources that may be used for their 
early creation and establishment. 

And I enclose the same to you together with a copy of the 
said royal cedida, for the fulfillment of its provisions and other 
purposes subsequent thereto. 

God keep you many years. Monterrey, August 21, 1817. 

Joaquin de Arredondo [Rubric] 

[Addressed:] 

Governor of Texas. 1 

Original in the Bexar Archives. 



University of Texas Bulletin 



PART II.— EDUCATION OF THE COLONISTS 

The first Spanish school in Texas was conducted by Don Jos6 Fran- 
cisco de la Mala in the year 17S9 at San Antonio de Bexar. His ^on» 
tract called for six years service, but we do not know how long he con- 
tinued. His petition for support is given below, and is an interesting 
statement of conditions. This with the other documents are evidence 
of numerous, albeit intermittent, efforts which were put forth to estab- 
lish schools in Nacogdoches and San Fernando (San Antonio) during 
the Spanish Regency. 

PETITION TO THE CABILDO 
DON JOSE FB-ANCISCO D£ LA MATA 

Very Illustrious Cabildo. 

[1] I, Don Jose Francisco de la Mata, native of the villa of 
Saltillo and a resident of the capital of Texas from the year 
[17] 86 to the present date, must and do appear in all due form 
before you with the most respectful submission and say that T 
have been much grieved at heart upon seeing the ignorance in 
this community as to what is the law of God, a knowledge of 
those priciples was lacking among the children of this villa [.1 
[I have also been much grieved at heart] to see the children, as 
is well known, running about as vagabonds engaged only in per- 
nicious pursuits such as [playing with] arrows [and] ropes, 
[and spending their time] in childish games and other idle en- 
tertainments which lead only to perdition [.] They have no re- 
spect for the officials, [and] no reverence for the aged or the 
distinguished [.] This I know from personal experience since 
most of them did not even know how to make the sign of the 
cross [.] Moved by love for God, our Lord, I decided to open 
a school of my own free will, as I did, that I might gather vhem 
all and give them an education, and teach them their letters, 
attainments which are essential to the perfect state necessary 
for the service of our Divine Mother, and for the obedience and 
respect which they should have for their parents so that they 
may be, as they are at the present time, an example to this 
community [.] In view of all I have said and what I shall say 
it is indispensable that I appeal to your tribunal and legal court 
in order that my gathering of children may be maintained with 



Education in Texas 9 

greater efficiency and zeal than heretofore attained by my teach- 
ing^.] You will, with due knowledge of the priest and vicar of 
this parish, kindly demand and insist that the said community, 
that is, the fathers and mothers of families, contribute a small 
sum annually for a fixed length of time[ — ] twelve reales[ — ] In 
this it seems to me I do them a great justice (subject 1o your 
approval in the matter) considering the present misery as well 
as all other circumstances [for example] they have not appre- 
ciated in any manner, the importance of my work and 
its benefit to their children [.] I have been satisfied with the 
said small recompense, in order to draw to my teaching as many 
children as there may be in this neighborhood [.] And since this 
small pittance is barely sufficient for my subsistance, I beg of 
3"our generous consideration that you do as I have said[ — ] this 
seems to me to be only just[.] At the same time [I beg that 
you will] authorize the establishment of my school in the name 
of his Majesty (may God keep him) so that the fathers and 
mothers of families when their children are subjected to such 
slight punishments as may be necessary shall not come, as they 
have come, into my presence to irritate me and insult me by 
words and threats, a thing which has been noticed even by their 
own children [.] Also [I beg that] they be not allowed to with- 
draw any child now included or who may be included in my 
flock, on account of the slight punishments which may be nec- 
essary to inflict on them ; for, from this, results, as has been 
proven, the ruin of the children [and] of their parents, and 
continual inconveniences to judges, but principally it seriously 
grieves our great God and Lord as the Holy Fathers m their 
preachings and doctrines teach us[.] Therefore, I beg that 
the consideration of this, my representation, ibe with due knowl- 
edge and approval of the Governor, so that you may determine 
what may lead to the end I seek, and thus, to secure the rules 
that may be suitable for the management of my school — There- 
fore I beg and plead that you be kind enough to accept this as 
framed for the lack of better facilities [.] 

Jose Francisco de la Mata [Rubric] 
. Decree 



10 University of Texas Bulletin 

Having seen and approved, and in consideration of what 
the applicant sets forth in the preceding document [i. e.] that 
the parents of children should pay twelve reales annually £or 
each child they may have in school, and realizing that he is do- 
ing a work of charity, and that his petition is just and equita- 
ble, for it results in the welfare of the public; therefore justice 
shall be done to him as he requests [.] To this end we will ask 
on our part, that the cura vicario and ecclesiastical judge of this 
villa through his saintly admonitions, shall instruct the said 
parents in regard to the duty they have to see that their children 
do not fail to go to school, as well as to refrain from going to 
complain impudently to the teacher when their children are 
punished, with the understanding that they will bring upon 
themselves such punishment as may be fitting [.' They have no 
right to take then' children from school for such a ahildish rea- 
son as it is our duty to see that all children receive instruction [.] 
No other person can give this instruction since he has offered 
to maintain the said school for six years counting from this day 
to the summer of [17] 95, obliging himself, as he has done, 
to be subject to the full rigor of the law if he fails to comply [.J 
All of which shall be placed in the hands of the governor that 
he may determine what in his superior judgment may be 
proper [.]* We thus decree, command, and sign in this sala 
capitular in the exercise of our rights, and witness in the villa 
of San Fernando, and Precidio of San Antonio de Bexar on the 
first day of May, one thousand seven hundred and eighty- 
nine [.] 

Ignacio Calbillo [Rubric] 
Julian de Rocha [Rubric] 
Jose Antonio Saucedo [Rubric] 
Marcos de Zepeda [Rubric] 
Angel Nabarro [Rubric] 
Joachin Flores [Rubric] 
Jn Felipe Flores [Rubric] 
Joaquin de Orendain [Rubric] 
San Antonio de Bexar 
1°. de Mayo de 1789 

I approve the preceding proposition made by Don Jose Fran- 
cisco de la Mata[.] 1 



'Original in the Bexar Archives. 



Education in Texas 11 



PROCLAMATION OF JUAN BAUTISTA ELGUEZABAL, 
JANUARY 10, 1802 

At this time Lieutenant Colonel, Elguezabal later served as Governor 
of Texas from 1803 to 1806. 

Art. 15. Likewise, the said judges shall encourage parents to 
send their children to school, compelling them to do so, [if nec- 
essary], by heavy penalties, since this measure is of the greatest 
importance both to religion and the state. It is pitiful to ob- 
serve the indolence of the parents, who, through misguided af- 
fection, make themselves responsible in the sight of God for the 
ineptitude and bad conduct of their children. 

Published the day of its date. 

Witness Gabriel Gonzales. 1 

ORDER TO THE CAPTAINS AND COMMANDERS 
HEMESIO SALCEDO 

Salcedo was the General Commandant of the Interior Province and 
as such exercised extensive authority. 

Answered on the 12th of October, 1803. 

Under the date of the 6th of April last, I communicated to 
the Captains and Commanders of the Company, who garrison 
this province the following orders : 2 

' ' The benefits which result from the establishment of primary 
schools requires all my attention to secure their establishment 
in the presidios and other military posts, where the number of 
troops and settlers is enough to provide a small salary for the 
individual who takes charge of such an important enterprise. 
With this purpose, I order that in fulfilling the duties of your 
office, you proceed at once to carry out the said establishment 
if there is none there and to perfect it in case it exists. 

"Therefore, for this reason I charge you in case there is no 
school to take all necessary measures to encourage some settler 
who knows how to read and write to establish it, and, 
as none can do it with more ease and intelligence than the pay- 
master of the garrison, you must persuade this person to take 

Original in the Bexar Archives. 

2 The original orders have not been found. 



12 University of Texas Bulletin 

charge of so useful an enterprise. In 'addition to the salary 
which he already receives, it will afford him a new resource for 
his comfortable subsistence, for he can arrange the hours of 
instruction so that he will have enough time left daily for the 
performance of his other duties. 

"The arrangement, which I have believed suitable for the 
establishment of said school is as follows : 

"There must be provided for the master a house or at least 
a room, which should preferably be put within the Presidio, or 
whereever it is most convenient for the children. 

"Each official, seargent, corporal, retired soldier or settler 
who has a child in school must pay two reales monthly to the 
master. 

"In case the individual has two, he must pay for both five 
pesos annually. 

"If he has three or more children whom he places in school 
he shall pay five pesos for the first two, as has already been said, 
with the addition of a real monthly for each one which exceeds 
this number. 

"The payment of these sums must be executed monthly 'by 
you to prevent annoyance arising to the master by delay, and 
see that the amount which has been charged to the troops be 
taken from their salaries, and from the pay of retired soldiers 
and officers. 

"With respect to the payment by citizens which the company 
ought not to bear, you must watch that it is paid to the master 
punctually, using your authority for this purpose. 

"The teacher shall be exempt from guard duty, from care of 
horses, expeditions against enemies, and from all work and 
municipal duties to which the citizens of military post are sub- 
jected. 

"There shall be given to him lands which he can cultivate, 
giving him a permanent title as assurance that they shall be 
without any tax or payment. 

"You must watch with prudence and with corresponding con- 
sideration that all of the children of the troops and citizens who 
are not twelve years old attend school, trying with gentleness 
and good example to urge the parents to place them in school 



Education in Texas 13 

for the benefit which results to them from a Christian education, 
and that the services which the children perform in their fami- 
lies may not be an obstacle to prevent them from attending 
school, make the hours of attendance in this way — two hours in 
the morning and two hours in the afternoon, since in this way 
they have sufficient time left for their other dnties. 

"The master should give special attention to instruct them 
in the Christian doctrine, and to teach them to read and write, 
and to instruct them in as much arithmetic as he can, with the 
understanding that he is obliged to teach the poor children, 
whose poverty prevents them from paying anything. For this 
reason, and, in order that when this class of individuals is ready 
to write, writing materials may not be lacking, I order that with 
the condition that they return what is written, that you give 
them the necessary paper which will be provided for by a char- 
ity fund. 

"As my purpose is that the establishment of schools in the 
presidios be carried into effect promptly and efficiently, take 
this as your instructions, that in case there is one in that place 
under your charge you will examine the conditions in which it 
is, and having improved it as much as possible in agreement 
with this order, you will give me an account of eveiy thing for 
my guidance with the understanding that every six months you 
must inform me how you are advanced, sending me a copy of 
writing of each child. 

"The first expense will be tables and benches, which with 
some other furnishings will amount to twenty pesos. Apportion 
what it costs among the officers and citizens of means ; but in 
case the voluntary contributions which they make do not come 
to this amount, you must inform me of what is lacking in order 
to determine how it must be paid. Do not defer, on this ac- 
count, the establishment of the school, which I particularly 
recommend officially. 

"Having decided that these regulations be extended to the 
military posts of that province I advise you, keeping in mind 
all the points which it embraces, to issue orders in the matter, so 
that these same rules that I prescribe or with the variation which 
circumstances of said posts demand that the important estab- 



14 University of Texas Bulletin 

lishment of schools be finally accomplished ; reminding you that 
the cost of tables and benches which you need will be covered 
by the resources which I have pointed out in my above mentioned 
order. If tbey should not be sufficient, you will give me notice, 
indicating the means that you may think advisable to satisfy it; 
and also of all results in the matter. 

God guard you many years. 

Chi(hua)hua, 31st of August, 1803. 

Nemesio Salcedo [Rubric] 

Governor of Texas. ^ 

RESPONSE TO THE ORDER OF THE COMANDANTE GENERAL 
JOSE JOAQUIN UGABTE 

Informed of all that the general commandant has communi- 
cated to you in his order of the 31st of August last with regard 
to the establishment of schools in all the military posts of his 
command under the rules and regulations which he submits, I 
will exert myself, as far as it is in my power, to carry into effect 
the said instructions. But since the greater part of this juris- 
diction is composed chiefly of ranches far removed from town, 
it is difficult to gather a sufficient number of children to insure 
the necessary regular income for the subsistence of the teacher 
because the number of children will not reach twenty. Never- 
theless, I will carry out. your instructions as I have said, and I 
will advise you as to the results in due time as you request in 
your letter inclosing the above mentioned order. 

God keep you many years. Nacogdoches 1st. of November, 
1803. 

Jose Joaquin Ugarte [Rubric] 

[Addressed:] 

Lieut. Cor. Juan Bantista de Elguezabal. 1 

REPORT OF SCHOOL EQUIPMENT 

Note of what is in the school, to wit: 
4 copy books. 



Original in the Bexar Archives. 



Education in Texas 15 

One lead inkstand with a sand box of the same metal. 

One Ruler. 

One Print of St. Joseph. 

One Cross. 

One Table. 

One Cube with its Chaqual and all the primers and drawings 
of the children. 

Note. 

Missed: One pencil. 

One old book of Lives of Saints. 

One book of daily exercise. 

2 Primers. 

This February 1st, 1809. 

Fernando de Santiago. 1 

Tound on the back of a report of the condition of the garrisons of 
Texas, Bexar Archives. 1 

THE GOVERNOR'S ANNOUNCEMENT OF THE OPENING OF 
THE SCHOOL IN SAN FERNANDO, 1809 

MANUEIi DE SALCEDO 

Salcedo was made Governor of Texas in 1808. 

Don Manuel de Salcedo, Lieutenant Colonel in the Royal 
Army, Political and Military Governor, in the name of His 
Majesty, of the Province of Texas, New Philipines, etc., 

Education has been one of the points which has most occupied 
my attention; and, although the impossibility of implanting 
the same in this capital has caused me great concern because 
of the evil consequences which ignorance carries in its wake, I 
have not ceased to make the most ardent efforts to secure so 
happy an end. The day has arrived, however, when my vigilance 
for the public good will be rewarded by enabling good parents 
to give their children, if not a complete education, at least in- 
struction in the first letters and in the Christian faith, that the 
children may, thus, be the support of old age or of their widowed 
mothers. 

In view of this fact, I make it known that next Monday, the 
eleventh of the present month, the public school will be opened 

^ox, I. J., Educational Efforts in San Fernando de Bexar. ■ In Quar- 
terly of the Texas State Historical Association, Vol. VI, 51. The original 
cannot now be found. • 



16 University of Texas Bulletin 

in the house rented for this purpose, belonging to Lieut. Don 
Antonio Caclena [situated] on the main plaza in front of the 
garrison, the school to be in charge of the teacher, Jose Enrique 
Flores, of whom good reports have been rendered, and under 
the direction and care of this government through its commis- 
sioner, Don Luis Galan, to whom all persons desiring to place 
children in school must apply, with the understanding that per- 
sons of means or wealth, will pay four reals a month, and the 
poor two reals for each child. The regulations regarding at- 
tendance and instruction shall be in the hands of the said Don 
Luis Galan for the inspection of those who wish to see them. 

I call, therefore, on all parents and widowed mothers to avail 
themselves of the opportunity which, with much difficulty, I 
have secured -for them ; and to fulfill their obligations as Chris- 
tians, assuring them of my continued cooperation to perfect the 
establishment, and I even flatter myself with the hope of secur- 
ing one just like it for girls. 

The teacher, or his assistant, will gather the children in the 
morning and afternoon and will take them back to their homes, 
in order to avoid what usually is noticed in other places as the 
result of sending them alone. The parents should try, as far 
as they are able, to see that the children be respectably dressed. 

And, in order that it may come to the notice of all, it shall be 
published by proclamation, copies of the same being sent to those 
concerned therein. 

Given in San Fernando de Bexar on the third of December, 
eighteen hundred and nine. 

Manl. Delgado [Rubric] Manuel de Salcedo [Rubric] 

Anselmo Pereyra [Rubric] 1 

SCHOOL PLANS AND BUILDING AT SAN ANTONIO 

After the counter revolution a vigorous effort was made in 1S11-12 
by Sambrano and the Junta to establish a school at San Antonio. In 
the Bexar Archives there is a bulky series of documents concerning 
this plan, including the inventory of the building and its furnishings, 
and also the bills for lumber and labor. The prisoners of the jail were 
employed, to do the building. Two of these documents are given here. 



Original in the Bexar Archives, 



Education in Texas 17 

If. has been thought that the deficiencies noted by the Conimittet 
which made the inventory are evidence of some rascality on the part 
of Travieso who had the contract for the building. 

The Junta de Gobierno of the Province of Texas has issued the 
following proclamation to the citizens thereof. 

With the greatest possible earnestness, the Junta has re- 
quested that, without exception, all the citizens of this place con- 
tribute as much as their means will allow for the establishment 
of a public primary school. 

In general, all have shown their patriotism by their willing- 
ness to contribute, but as this obligation though moderate may 
become a burden to them, notwithstanding that it is directed to 
a meritorious cause, beneficial to all; and wishing to ameliorate 
the burden and make all those who have manifested their zeal 
for their country more prosperous, the Junta de Gobierno has 
decided to propose to the commandant general that out of the 
mestenas fund of this province, the necessary amount be fur- 
nished annually for the maintenance of the said school ; with 
the understanding that these citizens have provided by their 
subscriptions the necessary funds for one year. The corres- 
ponding list of subscriptions is to be placed in the hands of 
Manuel Barrera, who is charged with the collection thereof, in 
order that he may temporarily provide for the payment of 
Dn. Franco. Cacho, the appointed school master till the com- 
mandant general recommends a proper person for this position 
as he has been requested to do, and arranges for his payment 
out of the funds suggested, or any other which he may deem con- 
venient. The Junta de Gobierno trusts that because of the 
great zeal, love, and patriotism of these citizens, they will 
promptly pay their subscriptions to the aforesaid Dn. Manuel 
Barrera, who will keep an exact and formal account of all the 
expenses that must be met. The parents must see that the 
children attend the said school and that they receive such secu- 
lar and religious instruction as may be suited to their under- 
standing, without causing any disturbance to, or questioning 
the conduct of the teacher on any account. The care and vigi- 
lance of his conduct devolves privately upon the judges, and on 
no account upon the parents who have no other obligation !;han 



18 University of Texas Bulletin 

to place their children in the hands of the aforesaid teacher, 
that they may receive secular and religious instruction. This 
is the sole object of this Junta de Gobierno and all should co- 
operate to this end. And in order that it may be known to all 
and no one shall allege ignorance, it is ordered that it be pub- 
lished and posted in public places as customary, and that a 
copy be sent to the school master to be placed in the door of the 
school house in order that it may be better understood. 

Given in San Fernando de Bexar on the 28th day of March 
in the year 1811. 

Juan Manuel Sambrano, Luciano Garcia 
Precite. Manuel Bar) era 

Miguel de Musquiez Dn. Santiago Tixerina 

D. Luis Galan, Ausente Enfennc 

Gavino Delgado Antonio Saenz 

Ygnacio Peses Juan Jose Sambrano 

Vicente Gortari Jo^ Anto. Saucedo 

Josef Erasmo Seguin Secretary. 

[A copy of the above proclamation was sent to the comman- 
dant general.] 

REPLY OF THE COMMANDANT GENERAL 

The establishment of a primary school by that junta de go- 
bierno as communicated to me by your official letter No. 34 of 
April the 26th, is useful and expedient. Since, in order that 
it may accomplish the good results desired, it will be nceessary 
that it be conducted by a well trained and able teacher he must 
be sought for diligently and with great care wherever he may be 
found. In the meantime, until he is secured, you will think 
over and propose to me the means you may judge to be the 
simplest and least burdensome for the payment of his salary 
with the understanding that I have approved the use of the 
mesteiias fund of that province for the following year only 
during which time a fund may be devised and determined upon. 
The expenses that have had to be met out of the niestenas funds 
and others which must be made out of it to provide for the se- 
curity of that province, as well as its meager income (all of 



Education in Texas 19 

which is evident to you) prevent, for the present, its use for 
any other purposes. 

God keep you many years. Chihuahua, May 21st, 1811. 

Nemesio Salcedo [Rubric] 

[Addressed:] 

To the Provisional Junta de Gobierno of Texas. 1 

PUBLIC SCHOOL 

Account presented by Dn. Vicente Travieso of building ma- 
terials and etc. of said school building. 

SCHOOL 

Having determined whether there be a worthy person to take 
charge of it, who meanwhile may instruct the youth, he shall 
be endowed with seventy places, of which five, of necessity, shall 
be free, and the rest paid for by those interested. 

1.- The aforesaid free places shall remain at the disposal of 
the one in charge of thd school, who shall nominate the pupils to 
occupy them; taking care that they be given to poor individuals 
of discretion, who are known to be of good disposition. 

2. The seventy places shall be divided into the more able and 
the less able, the first paying a dollar, and the second fifty cents 
each month. Although each pupil may be advanced in his 
classes, the method or order of his payment should not lie altered 
in any other way than is by this assigned to him ; for the end is 
to avoid large contributions from the poorer ones. 

3. The salary for the maintenance of the teacher shall be 
placed at thirty dollars a month. 

4. The collection of the fund shall be in charge of one of the 
alcaldes, who, with the aid of the ward commissioners, shall look 
after the attendance of the children at school, and (shall take 
care) that they be at least a month ahead in the salary of the 
teacher, in order that he may not lack subsistence, and that any 
surplus be turned into a general fund for the ordinary expenses 
of the school. 

5. That one of the regidores be charged to visit the school at 
least once a clay, in order to note the infringements of the rules 

1 Original in the Bexar Archives. 



20 University of Texas Bulletin 

that he may observe, and to apply the remedy that appears to 
him most opportune, as the case may demand. 

That the books, paper, ink-stands, and copy-books be at the 
expense of those interested, as also the tables and seats, in addi- 
tion to those which may be existing in the school house. 

7. These are the points which we consider necessary 
for the useful establishment of this school, save those which may 
appear convenient to the superior authorities. 

San Fernando de Bexar, 10 of June, 1812. 
-lose Anto. Saucedo Josef Erasmo Seguin 1 

INVENTORY AND CONVEYANCE OP THE SCHOOL-HOUSE AND 
OF THE FURNITURE IN IT, MADE BY DON YGNACIO 
DE LOS SANTOS COY, TO HIS SUCCESSOR, 
D. JOSE YGNACIO SANCHEZ CASTE- 
LLANO, IN THE FOLLOWING 
FORM: 

First, a hall with platform, with two doors and one window; 
the key of one door being serviceable and the other broken, and 
the window without any lock. 

A room adjoining the hall, with its interior door without lock, 
an,' one small window, with bars only. 

A wooden cross. . « 

Four tables, one of them smaller than the others. 

Four benches, one of these from the previous school, and the 
three remaining of those which D. Vizente Travieso made. 

Two rulers, one of them with two measures lacking from each 
side, and the other with three lacking. 
. A barrel for carrying water, with five iron hoops. 

A hoop loosened from the above barrel. 

A wooden gutter. 

A rawhide rope. 

A 1 rough of rough wood. 

Thirteen ABC lists, the greater part of them interleaved. 

Note. In addition to the above, there exists, in process or 
repair, in possession of D. Manuel Yudo, a table, of this school; 



] Cox, I. J., Educational Efforts in San Fernando de Bexar. In Quar- 
terly of the Texas State Historical Association, Vol. VI, 51-52. 



Education in Texas 21 

and having nothing else to convey or receive, we sign this in this 
city of San Fernando de Bexar on the third of July, 1812. 

Received 
Ygno. de los Santos Coy Jose Ygnacio Sanchez Castellano 1 

1812, MEMORIAL DE DON MIGUEL RAMOS DE ARISPE. 
Arispe was deputy to Spain for Coahuila and Texas. 

S'ECTION 13. PUBLIC EDUCATION'. 

Public education is one of the first duties of every enlightened 
government and only despots and tyrants countenance the ig- 
norance of the people in order that they may more easily violate 
their rights. The location of these four interior provinces of the 
East, their system of local government, as well as the general 
policy of the Monarchy — so notoriously and protractedly leth- 
argic — have unfortunately brought it about that no appropriate 
establishment of popular education is known in these unhappy 
provinces. Only in Saltillo, the principal town of the province 
of Coahuila, and in Monterey, the capital of the New Kingdom 
of Leon, is there a meagre 'fixed appropriation for the mainten- 
ance of a primary teacher. The larger garrisons and towns main- 
tain, from the company funds and the voluntary contributions of 
some of the heads of families, some incompetent or unworthy per- 
sons who under the name of teacher, amuse themselves in teaching 
poorly the Christian doctrine, being usually incapable of impart- 
ing even the fundamentals of an ordinary public education. On 
the large estates, which employ a great number of servants, there 
is generally some little school, but I have observed more than one 
time the care which some masters take that the sons of the ser- 
vants do not learn to write, due to the belief that should they 
attain this degree of instruction, they would seek a happier way 
of living and would avoid the oppressive servitude in which their 
parents have lived. Unfortunate youth of America ! Is it pos- 
sible that it is intended to deprive man of his most wonderful 
and natural ability, by keeping him in brutal ignorance in order 
to enslave him more easily? 

ESTABLISHMENTS FOR PUBLIC EDUCATION. 

Section 30. In Section 13 I set forth the lamentable and 



'Cox, I. X, Ibid., 50 



22 University of Texas Bulletin 

shameful condition of public education in the interior provinces ; 
nor could it be otherwise under the system of government that 
has prevailed until the present, or better, under the general mis- 
government which they have had. It will suffice that Your 
Majesty adopt a new system analagous as far as possible to that 
which I have set forth, in order that decided improvements, in a 
matter which is of the greatest importance and the first obliga- 
tion of an enlightened government, may follow. It is to be hoped 
that the Junta Superior, the assemblies of the provinces, the 
municipalities, and even the eonsulado will encourage in every 
way the establishment of schools and public academies, in order 
that those people may receive that which ought to be the founda- 
tion of their general happiness^ — education and enlightenment. 
The Reverend Bishop of that vast diocese, and the worthy 
priests, will, no doubt, co-operate in an object so compatible with 
their work, and Your Majesty, when it shall be possible for you, 
will promulgate a general system of public education which will 
enable the Spanish youth, in a short time, to attain that degree 
of splendor and brillancy for which he is equipped by natural 
endowment. Under these convictions, I ask, in a word, that 
Your Majesty will please establish a Royal University in the 
Capital of the Bishopric, which institution, for the present, can 
be consolidated with the Collegiate Seminary until funds suf- 
ficient to establish it in a separate building have been raised. 
When the regulations are formulated, they should correspond, 
in as far as possible, to those of the College of Guadlaxara in 
New Gralicia, and the teaching corps and the student body should 
enjoy the same privileges, rights, and favors as the said univer- 
sity. 

The establishment of a Royal College in the town of Saltillo 
is also indispensable ; its population together with the old town 
of San Esteban is more than 13,000 souls ; its cool and healthful 
climate, the development of agriculture and the arts there, and 
the advantage of being able to secure a building which was 
erected next to the churce of San Juan Nepomiceno for this 
purpose, offer the greatest inducements for the establishment of 
a great institution which will always be under the protection 
of Your Majesty, and in which (all the sciences) can be taught. 



Education in Texas 23 

Whether there are sufficient funds, should not be asked, nor 
should the government be detained by any other consideration. 
Let the power for establishing this school be granted, and leave 
to the provincial government and the inhabitants of these prov- 
inces its realization. So great has been their desire to enlighten 
themselves that they will make the greatest sacrifices to have at 
home an establishment in which they can attain this end, and 
thus parents may avoid the risk of sending their sons to Mexico 
and Guadlaxara where many remain, abandoning their families 
and thus depriving their native provinces of the fruits of their 
education, simply because there is not here any institution in 
which they may busy themselves on their return. 1 

EDUCATIONAL AFFAIRS IN SAN ANTONIO AND LA BAHIA 

MINUTES OF THE AYUNTAMIENTO 

In the city of San Fernando de Be jar, on the ninth day of 
January, eighteen hundred seventeen, the councilmen D. 
Vicente Gortari, D. Jose Maria Escalera, D. Pedro Anto. Are- 
balo y Patricio de Tores y Santiago Seguin, sindico procurador 
met in ordinary caoildo in a house set apart for the capitular 
sessions, presided over by the first alcalde, D. Francisco Flores, 
and having taken their regular seats, it was agreed that the 
parents he asked with how much they could freely contribute 
to pay the school teacher at the present time for the education 
of the children. There being no other question under discus- 
sion, the session was closed, and we order that a testimony of 
this act be sent to the governor of this province, all of which we 
testify. Francisco Flores, Vicente Gortari, Jose Maria Es- 
calera, Pedro Antonio Arebalo. 

A faithful copy of the act passed this day by the Cdbildo as 
registered in the book of the ayuntamiento, was made for the 
purposes therein stated. 2 

On the 10th day of April, eighteen hundred seventeen, D. 
Francisco Flores, first alcalde, D. Jose Manuel Grande, second 
alcalde, D. Vicente Gortari, D. Jose Maria Escalera, D. Pedro 



translated by Jefferson Rhea Spell. Original in the Bexar Archives. 
2 Original in the Bexar Archives. 



24 University of Texas Bulletin 

Antonio Arebalo, D. Patricio de Torres, regidores elect, and D. 
Santiago Seguin, sindico procurado met in ordinary cabildo 
in the hall assigned for the purpose, and being seated in their 
regular places, an official communication from the school teacher 
was read. In this he complained that the parents withdrew 
their children from school without any reason, and placed them 
in private schools; while others fail to comply with the orders 
given them to send their children to school. After a mature 
investigation, it was agreed and resolved that the said parents 
should send their children to school regardless of all excuses 
under penalty of suffering the punishment which might be 
deemed just, and made to pay a fine of three dollars, leaving to 
the judgment of the governor what should be done as regards 
the children of the soldiers. There being no other question 
under discussion we order that the corresponding certified copy 
of this resolution be sent to the aforesaid governor of the prov- 
ince. In witness whereof, we subscribe with assistant witness, 

and give testmony thereof, rubric , , , 

Assistant witness, Jose Antonio Saucedo, assistant witness, Fran- 
cisco Arebalo. 

A faithful copy of the act of the cabildo approved this day, 
was made for the purposes expressed therein, all of which we 
certify. 

Francisco Flores, Vicente Grortari, Santiago Seguin. 1 [Rubric] 

SCHOOL ESTABLISHED IN 1817 
No. 184 
Sor. Comandante General. 

Complying with your superior orders in force in this govern- 
ment, and in order to afford the youth instruction in primary 
education and to teach them the sacred dogmas of our holy re- 
ligion, I have arranged for and established a school under the 
supervision of D. Jose Nicolas Paez y Colomo, the only person 
that we have been able to find in this province to fill this im- 
portant position. He has some qualifications for the discharge 
of his duties; and, notwithstanding that he lacks some educa- 
tion, he can fill the place better than any one else temporarily 
until a better one can be secured. To assure the permanence of 



Original in the Bexar Archives. 



Education in Texas 25 

this school and the continued attendance of the children, I have 
allowed him (the school master) the use of the confiscated house 
of Erasmo Seguin, agreeable to your wishes in the matter. This 
I transmit to you for your intelligence. 

God, etc., Bexar, February 27, 1817. 

[Addressed:] 

Sor. Comandante General. 

Briger. Dn. Joaquin de Arredonde. 1 

EARLY SAN ANTONIO TEACHERS 

1789-1793. Jose Francisco de la Mata. 2 

3803. Jose Francisco Ruiz. 3 

1809. Francisco Barrera. 4 

1809. Jose Enrique Flores. 5 

1811. Franco. Cacho. 6 

1817. Jose Nicolas Paez y Colomo. 7 

FIRST EFFORT AT LA BAHIA (GOLIAD) 
JUAN MANUEL SAMBRANO. 

Sambrano had been cura in San Antonio and had distinguished him- 
self in the counter revolution in 1811-12. 

I have always deemed it one of the most important duties of 
my position to encourage primary education amongst the chil- 
dren of this presidio. I arranged, therefore, to call a meeting of 
the citizens and troops, and after having explained to them the 
benefits and advantages which accrue to society in general, as 
also the obligations which parents have towards their children, 
I assigned to each one of them a small contribution with which 
to pay the teacher who is to conduct the school, to all of which 
the people gladly consented. 

I have established a school with 80 children under the direc- 
tion of private, Jose Galan, who is to serve temporarily as 



Original in the Bexar Archives. 

2 See page 10. 

^Quarterly Texas State Hist. Assoc, Vol VI, 29. 

*Ibid. 

"See page 16. 

°See page 17. 

'See page 24. 



26 University of Texas Bulletin 

teacher because there is no one else in this place who can dis- 
charge these duties. All of which I communicate to you for 
your high approval. 

God keep you many years. Bahia, October 4th 1818. 

Juan Manuel Sambrano [Rubric]. 
[Addressed:] 
Sehor Coronel Antonio Martinez. 1 

SCHOOL REPORTS REQUIRED 

On July the 12th of last year, I remitted to your predecessor 
a blank form for the reports which the ayuntamientos of tlie 
pueblos of that province should have returned through you, rela- 
tive to the state of education among the youth. The superior 
government considers this matter of prime importance since it 
is the base upon which the glory and prosperity of the empire 
rest. And, since up to the present time I have not received this 
information, I advise you of the fact that you may order its 
fulfillment, urging the corporations of your district to exert them- 
selves in this important matter in consequence of the superior 
order which His Excellency, the Captain-General of these pro- 
vinces, has addressed to me under date of December 20th ult., 
u for the remittance of reports of this kind from the 
province of Coahuila — a copy of which order T inclose you. 

Gaspar Lopez [Rubric] 

To the Governor of Texas. 2 



Original in the Bexar Archives. 

2 Of unknown date; probably about 1821. Original in the Bexar 
Archives. 



CHAPTER II 

THE MEXICAN PERIOD 

Spanish control over Mexico- was ultimately thrown off in 1821, a 
confederacy of States was established, and among the others Coahuila 
and Texas formed a single State. As an integral part of Mexico, Texas 
fell under the jurisdiction of the Federal Constitution, and was di- 
rectly affected by the general educational policies and traditions of the 
Republic. As education was, however, a State function, various laws 
and orders were passed by the government looking to the establish- 
ment of a system of schools throughout the various departments of 
the State. Schools were formed and carried on in several settlement 
for the Mexican population. From the sources available we are able 
to trace fairly well the interest in education and the plans which were 
actually put into operation. 

The birth-year of the Mexican government also marked the permanent 
entrance of the Anglo-American colonists into Texas. 

It was to be expected that these settlers would immediately plan 
to train their children according to their own conceptions of educa- 
tion. As their views and efforts were the real foundation of our 
present system of education the materials of this section of the work 
have an exceptional interest for students. 

PART I— MEXICAN INTEREST IN EDUCATION 

CONSTITUTIVE ACTS OF THE MEXICAN FEDERATION 
21 OF JANUARY, 1824. 



Art. 50. The exclusive powers possessed by the General Con- 
gress are the following, viz: 

1. To promote instruction by securing for a limited time to 
authors the exclusive privilege to their works; by establishing 
colleges for the Marine, Artillery and Engineer Departments; 
by erecting one or more establishments, for the teaching of the 
natural and exact sciences, the political and moral sciences, the 
useful arts and languages; without prejudice to the rights 
which the states possess, to regulate the public education in their 
respective states. 1 



'Gammel's Laws of Texas, Vol. 1, (78) 



28 University of Texas Bulletin 

REPORT 

Made "by the Secretary of State of Foreign Affairs, and of 
the Home Department, to the Sovereign Constituent Congress, 
on the business committed to his charge. Read in the Session of 
the 8th November, 182:1 

PUBLIC INSTRUCTION 

Without education, liberty cannot exist; and the more dif- 
fused is the first, so much the more solidly cemented will be the 
latter-, the intimate conviction of this truth induced the gov- 
ernment in the midst of all its pecuniary difficulties to foster 
the establishments, destined for this important object, by every 
means in its power. 

PRIMARY SCHOOLS' 

The constitution entrusted the care of these to the city coun- 
cils, which, for want of funds, have not been able to give them 
that perfect organization, of which they are susceptible. There 
are many places where there are no primary schools, and in 
others, they are almost useless from the incapacity of the mas- 
ters, arising from the lowness of the salaries, and almost every- 
where is remarked, a culpable neglect on the part of the fathers, 
who forget the obligation imposed upon them by society and re- 
ligion, to give their children a christian education. The govern- 
ment has encouraged a society founded in this capital, by some 
individuals zealous for the public good, for the purpose of es- 
tablishing the system of mutual instruction, which has made 
such rapid progress in Great Britain, in the greatest part of 
Europe, and in the United States. With this object, a school 
has been established in a convent, capable of containing one 
thousand six hundred children, who will be taught, not only the 
first rudiments, but other branches of literature by the same 
method. Government would wish that on the model of this so- 
ciety, and in imitation of it, others may be established, and be 
in correspondence with it, so as to procure those succours which 



Education in Texas 29 

can be furnished by an establishment already formed, and which 
are less scarce in this capital, than in other cities of our terri- 
tory. 

COLLEGES' AND PUBLIC LIBRARIES' 

There exists, as in other provinces, several establishments of 
public instruction, universities, colleges, academies, libraries, 
and other institutions for this object ; but the same facts related, 
with regard to the charitable establishments, in a greater degree 
have affected these. The government has appointd a committee, 
composed of enlightened men, to examine the reports which 
have been demanded, and some of which have been received, 
upon the state of these establishments. This will enable govern- 
ment to adapt proper measures for their amelioration. 

Mexico, November 1st, 1823. 

Third year of Independence, and Second of Liberty. 

Lucas Alaman. 1 

CONSTITUTION OF THE STATE OP COAHUILA AND TEXAS 
PRELIMINARY PROVISIONS 



Art. 1. The State of Coahuila and Texas is the union of all 
the Coahuiltexanos. 

Art. 2. It is free, and independent of the other Mexican 
United States, and of every other power and dominion whatso- 
ever. 

Art. 9. The Roman Catholic Apostolic Religion shall be the 
religion of the state. The state protects it by wise and just laws, 
and prohibits the exercise of any other. 

Art. 12. The state is also obligated to protect all its inhabi- 
tants in the exercise of the right which they possess of writing, 
printing and freely publishing their sentiments and political 



a Poinsett, J. R., Notes on Mexico, 324-325. Poinsett was United 
States Minister to Mexico for some years. 



30 University of Texas Bulletin 

opinions, without the necessity of any examination, or critical 
review previous to their publication 



TITLE VI 
SOLE SECTION 

Public Education. 

Art. 215. In all the towns of the State a suitable number of 
primary schools shall be established, wherein shall be taught 
reading - , writing, arithmetic, the catechism of the Christian re- 
ligion, a brief and simple explanation of this constitution, and 
that of the republic, the rights and duties of man in society, 
and whatever else may conduce the better education of youth. 

Art. 216. The Seminaries most required for affording the 
public the means of instruction in the sciences, and arts useful 
to the state; and wherein, the aforementioned constitution* 
shall be fully explained, shall be established in suitable places, 
and in proportion as circumstances go on permitting. 

Art. 217. The method of teaching shall be uniform throughout 
the state, and with this view, also to "facilitate 'the same, con- 
gress shall form a general plan of public education, and regulate 
by means of statutes and laws all that pertains to this most im- 
portant object. 

Given in Saltillo, on the 11th of March, 1827. » 

REGULATIONS FOR THE ECONOMIC AND POLITICAL GOVERN- 
MENT OF THE FREE STATE OF COAHUILA AND TEXAS 

The Governor of the State of Coahuila and Texas to all its 
inhabitants: Know Yc, that the Congress of said state have de- 
creed as follows. 

Decree No. 37. The Constitutional Congress of the free, inde- 
pendent and sovereign state of Coahuila and Texas have enacted 
the following 



x Laws and Decrees of the State of Texas, 1839, 313-314; 341-342; Gam- 
mel's Laws of Texas, Vol. I, 1. (423-424; 451-452). 



Education in Texas 31 



REGULATIONS 

FOR THE ECONOMIC AND POLITICAL GOVERNMENT OF THE 

SAID STATE 



Art. 120. The ayuntamiento shall take charge of the admin- 
istration and regulation of hospitals, poor houses, institutions 
of learning, and other establishments of a literary, scientific or 
benevolent nature that are supported by the public funds, and 
in those that are established by individuals they shall see that 
nothing contrary to the law is permitted. 

Art. 122. It is their particular duty to establish primary 
sehools in all the villages or settlements of the jurisdiction, and 
see that everything shall be taught in them prescribed by the 
215th article 1 of the constitution, and for this purpose they shall 
designate, of themselves and with the knowledge of the chief 
of the department, the means of rais'ing the necessary funds to 
establish them in places that for want of such funds cannot have 
them immediately, and propose the same to the government for 
its determination on the subject. 

Art. 129. They shall appoint a committee from their own 
body to visit such schools weekly, and they will inform the gov- 
ernment every six months as to the state of said schools, stat- 
ing the aid that is needed for them, and the mode of remedying 
the embarassments to their advancement, when such embarass- 
ments cannot be removed by the sole authority of the ayunta- 
miento. 

Art. 130. They will excite, by every means in their power, 
the fathers of families to send their children to school, and they 
will see that the curates exhort their parishoners to this effect. 

Art. 131. The funds and capitals of schools must be secured 
and their rents attended to to the satisfaction of the ayunta- 
mientos and on their responsibility. 

Dated in Saltillo on June 13, 1827.— Francisco Gutierrez, 
'See page 30. 



32 University of Texas Bulletin 

president. — Santiago del Valle, diputado secretario. — Mariano 
Varela, diputado secretario. 

Wherefore I command that it be printed, published and cir- 
culated and duly fulfilled. Saltillo, June 15, 1827. 

Ignacio de Arizpe, 
Juan Antonio Padilla, Secretario. 1 

DECREE (NO. 22.) 

CONTRACT WITH THE GOVERNMENT OF THE STATE FOR THE 

COLONIZATION OF FIVE HUNDRED FAMILIES 

A similar contract was made with DeWitt April 15, 1825. See 
Empresario Contracts (MS), 27-31. General Land Office, Austin. 

Executive Department of the State of Coahuila and Texas. 



Art. 8. The official communications with the government, and 
with the authorities of the state, instruments, and other public 
acts, must be written in the Spanish language, and when new 
towns are formed he* shall promote the establishment of schooli 
in the Spanish language, in such towns. 



God and Liberty. Saltillo, 27th of April, 1825. 

RAFAEL GONZALES, Governor of the State. 
To Citizen STEPHEN F. AUSTIN. 2 

INSTRUCTIONS TO THE COMMISSIONER APPOINTED BY THE 
LEGISLATURE OF THE STATE 

Executive Department of the State of Coahuila and Texas 
Instructions by which the commissioner shall be governed in 



barker, Eugene C, Minutes of the Ayuntamiento of San Felipe 
de Austin, 1828-1832. In Southwestern Hist. Quart., Vol. 21, 
299-326. 

"This decree is omitted from the official publication of the Laws 
of Coahuila and Texas, but there is a Spanish copy in the Austin 
Papers at the University of Texas, and a translation by Stephen F. 
Austin in the Texas Gazette, Nos. 3, 4 and 5, October 13, 24, 
and 31." 1829. 

"-Gammel's Laws of Texas, Vol. 1, (48). 
*The empresario. 



Education in Texas 33 

the partition of lands to the new colonists, who may establish 
themselves in the stale, in conformity with the colonization law 
of the 24th March, 1S25. 

Art. 13. The block situated on the east side of the principal 
square shall be destined for the church, curate's house, and other 
ecclesiastical buildings. The block on the west side of said square 
shall be designated for public, buildings of the municipality. 
In some other suitable situation a block shall be designated for 
a market square, another for a jail and house of correction, an- 
other for a school and other edifices for public instruction, and 
another beyond the limits of the town for a burial ground. 

A copy, Saltillo, September 4th, 1827. 

A copy, Juan Antonio Padilla, Secretary of State. 1 

DECREE NO. 92 

The Congress of the State of Coahuila and Texas has thought 
proper to decree: 

Art. 1. A school of mutual instruction, 2 on the Lancastrian 
plan shall be established in each department of the state. 

Art. 2. Each of the said schools shall be situated in the re- 
spective capital of the department. 

Art, 3. The teachers shall be engaged for three years, on 
solicitation of the executive, who, to admit them, shall be satis- 
fied of their veracity, qualifications and general merit. 

Art. 4. Each teacher shall take charge of the department that 
falls to his lot, and each shall receive eight hundred dollars per 
annum, payable monthly in advance. 

Art. 5. Said establishments shall be composed of one hun- 
dred and fifty pupils each, and when they exceed this number, 
the teacher may request an increase of salary, drawing up a 



1 Gammel's Laws of Texas, Vol. .1, (57). 

2 The system of Monitorial or Mutual instruction was invented by 
Dr. Andrew Bell who found the basic practices in India. He intro- 
duced it into England about the beginning of the last century. It 
was taken up and extended by Joseph Lancaster who brought the 
system to America where it exercised important influences during 
the first quarter of the century. A son-in-law of Lancaster may 
have disseminated the plan in Mexico. 



31 University of Texas Bulletin 

petition containing information on the part of the Ayunta- 
micnto, which, through the channel of the executive shall be 
presented to congress for their resolution. 

Art. 6. The three teachers together shall form a set of regu- 
lations, to govern the schools, which being completed they shall 
present to the executive for his approbation; and when this is 
obtained the original shall be deposited in the archives, and a 
sufficient number of copies printed to be circulated to all the 
authorities of the state. 

Art. 7. The teachers shall instruct the pupils in reading, 
writing, arithmetic, the dogma of the Catholic Religion, and all 
Ackermann's catechisms of arts and sciences. 

Art. 8. The Ayuntamientos shall ascertain what children of 
the municipality are unable to pay, and whose parents wish to 
send them to school, but do not for want of means. 

Art. 9. From among the said poor children the Ayunta- 
miento shall take from one to five by lot, and send them to the 
establishment to be sustained by the municipal funds: where 
there are none such, a voluntary subscription shall be raised for 
that object ; in cither case one shall be sent without fail, to be 
taken always by lot. Said children shall be received gratis in 
the school, being furnished by the state with what articles they 
need for their instruction. 

Art. 10. Also the children of those citizens in the depart- 
ment of Texas, who contributed to establish the present school 
fund of the capital, shall be admitted gratis, provided they con- 
tinue paying the quota they agreed. 

Art. 11. The Ayuntamientos shall require citizens, who have 
the means, to send their children to the establishments, and with 
those who are obstinate in complying, whether from vicinity, 
negligence, or apathy, they shall take such measures as they 
consider to be .just. 

Art. 12. To support the expense to be defrayed a fund shall 
be created in the capital of each department, to be under the 
charge of the respective Ayuntamiento, with power to appoint 
a depository from within or without their own board. 

Art. 13. Said fund shall consist of the present school funds 
of the capital towns, to which shall lie added the legacies in- 



Education in Texas 35 

tended for this object, the municipal quotas assigned, and the 
product of pay pupils in the respective school. 

Art. 14. Parents who are able, shall pay for each of their 
children fourteen dollars per annum, while learning the first 
rudiments, until they commence to write, and eighteen dollars 
the rest of the time until they leave the establishment. 

Art. 15. The Ayuntamiento shall be vigilant, that the collec- 
tion of the sums assigned to this fund be exact, permitting no 
delay ; and taking care that the parcels paid in be entered in a 
book that shall be formed in each capital for keeping the ac- 
count of its respective establishment. 

Art, 16. The special fund of each department shall be used 
in paying the teacher, house rent, market, and repair of school 
furniture, the amounts thus paid out to be proved by the teach- 
ers' receipts authenticated by the certificate of the sindico pro- 
cnrador and the order of the Alcalde. 

Art. 17. When the fund of an establishment has not the 
means of promptly meeting any expense it shall be assisted by 
the funds of the municipality to be restored and should even 
these be exhausted, application shall be made for the aid of 
funds, to be restored, to the chief agents of the state rents, who 
shall supply what is necessary after the proper document is 
authenticated by the. Ayuntamiento. 

Art. 18. Each pupil educated in the establishment, on leav- 
ing, shall pay to the respective Ayuntamiento the sum of ten 
dollars, to be called gratitude money, and with this a separate 
fund shall be formed, to be used to reward the teacher, with the 
understanding that it shall not be delivered him until the con- 
clusion of his contract, he being required to keep an exact ac- 
count of the amount of said funds paid in, to correspond with 
that which shall be kept by the Ayuntamiento. 

Art. 19. The accounts of these funds shall be rendered to 
the Executive at the close of each financial year, and shall be 
made out agreeably to the accompanying form. 

Art, 20. The Executive shall endeavor that this law have its 
full effect as soon as possible, and to establish the schools, he 
may dispose of the state rents to the amount of two thousand 
dollars, under the most strict account of the disposition thereof, 



36 University of Texas Bulletin 

which shall he no other than the purchase of all the furniture, 
slates and hooks, required for carrying into effect the object 
of this decree. 

Department of Lancastrian School. 

Account of funds paid in, and out of said institution during 
the financial year, commencing on the first of September, and 
ending on the day of the date. 

Paid In. 

Funds pertaining to the School of this city. 000 0) 

Charitable fund of , dedicated to the ) 

instruction of youth 000 0) 

Product of municipal quotas, dedicated to ) 

School funds 000 0) 

Balance on hand the close of the year preced- ) 

ing 000 0) 1408 

By four children during one year at 14 dol- ) 

lars 560 0) 

Ten children, six months at $14 070 0) 

Five children, three months at $14 014 4 0) 

Twenty-eight children, one year at $18 504 0) 

Nineteen children, nine months at $18 256 4 0) 

Paid Out. 
To the Teacher according to documents Nos. ) 

1 and 2 . 800 0) 

For house rent, document No. 3 160 0) 1250 

For slates, tables, benches, paper, etc., accord- ) 

ing to documents, Nos. 4, 5, etc 300 0) 



Balance on hand 300 

For its fulfilment, the G-overnor of the State shall cause it 

to be printed, published, and circulated. 

Given at the city of Leona Vicario on the 13th of May, 1829. 

The same Signers. 1 



'Gammel's Laws of Texas, Vol. 1, (237-240); 

Laws and Decrees of the State of Coahuila and Texas, 1839, 127-130. 



Education in Texas 37 

DECREE NO. 129 

The Congress of the State of Coahuila and Texas, in view of 
the obstacles that have arisen for strictly fulfilling the decree 
No. 92, has thought proper to decree as follows: 

Art. 1. Until the Lancastrian schools, mentioned in Decree 
No. 92, can be established in the state, the executive shall cause 
six public primary schools to be established on the basis des- 
ignated in said law, and with the following modifications : 

Art. 2. The six schools shall be distributed in the three de- 
partments, the executive endeavoring to have them established 
in places, the most central, and such as require this aid. 

Art. 3. The pay of the teachers shall be five hundred dollars 
per annum. 

Art. 4. In said establishments the amount given by the 
pupils as gratitude money shall be reduced to six dollars. 

Art. 5. The Ayuntamientos of the towns wherein the schools 
are established shall discharge the duties prescribed in said 
decree to the Ayuntamientos of the department capitals. 

Art. 6. The directors shall forward to the executive yearly, 
on the month of November, a set of samples of all the pupils of 
their establishment, which shall serve for estimating their prog- 
ress; said specimens shall be passed to congress, accompanying 
the report, with a note expressing the state of the school with 
regard to education, and manifesting the obstacles that impede 
its progress. 

For its fulfillment, the Governor of the State, shall cause it 
to be printed, published, and circulated. 

Given in the city of Leona Vicario on the 13th of April, 1830. 
(The same Signers) 1 

DECREE NO. 144 

The Congress of the State of Coahuila and Texas has thought 
proper to decree: 

Art. 1. The executive shall direct that three silver medals, 
of 1st, 2nd and 3rd classes be ordered to "be made, to be paid 



'Gammel's Laws of Texas, Vol. 1, (258); 

Laws and Decrees of the State of Coahuila and Texas, 1839, 148. 



38 University of Texas Bulletin 

for out of the municipal funds of each Ayuntamiento, or the 
funds of the State, to be restored, and that the national ensign 
be engraved on the said medals, encircled with the following in- 
scription: Reward of virtue and application — to serve on days of 
public school visits as a mark of distinction for the pupils most 
deserving in the respective schools. The medals shall be at- 
tached to blue bands, with a rosette at the extremity ; upon the 
band of the first the aforesaid motto shall be embroidered with 
gold, upon that of the second, with silver thread; and that of 
the third shall be plain. 

Art. 2. The executive shall order that out of the funds of 
the state, also to be restored, a sufficient number of Fleuris Cas- 
tillian grammar, orthography and catechism be re-printed, to be 
distributed as prizes among the pupils, who excell in virtue 
and application. 

Art. 3. The respective Ayuntamientos shall distribute the 
aforementioned prizes and tokens of distinction with the con- 
current opinion of the teacher, on days of examination, and only 
in school under their inspection, supported by public funds; 
carefully avoiding all partiality. The medals shall remain in 
charge of the teacher, to be used only for the aforementioned 
object. 

For its fufillment, the Governor of the State shall cause it 
to be printed, published, and circulated. 

Given in the city of Leona Vicario on the 30th of April, 1830. 1 

DECREE NO. 229 

The Congress of the State of Coahuila and Texas has thought 
proper to decree; 

Art. 22. In all capital towns or districts, whose funds are 
sufficient for that purpose primary schools shall be established 
within six months at furthest, wherein besides the objects speci- 
fied in article 215 of the constitution, the elements of geog- 
raphy shall be taught, and lessons given, moral and political, 



'Gammel's Laws of Texas, Vol. 1, (267); 

Laws and Decrees of the State of Coahuila and Texas, 1839, 157. 



Education in Texas 39 

and on good breeding. With this object the Ayuntamientos. 
with the concurrence of the district chief shall designate a 
building as large as can be obtained for purposes of instruction 
and the residence of the teacher. 

Art. 23. The executive shall take care that said schools be 
established in the other towns as early as possible, and in the 
manner found to be practicable. 

Art. 24. Besides the private revenue there may have been es- 
tablished for the support thereof, one-half the annual product 
of the municipal funds of the respective towns until said prod- 
uct reaches to two thousand dollars shall be appropriated to 
the same object. 

Art. 25. By article 15 of the constitution all kinds of vacant 
property belong to the state ; and whatever country and town 
securities have been kept in a state of sequestration and deposit 
over thirty years, and still so continue without being known to 
have a determinate owner, the same are hereby declared to 
be vacant property. 

Art, 26. Said property shall be alienated agreeably to the 
rules and conditions prescribed by this law. The revenue they 
yield shall be collected annually by the chief agents of rents, 
of the towns within whose jurisdiction the property is situated, 
and appropriated to the support of schools, whose funds agree- 
ably to article 22, are not sufficient for that object. 

Art. 32. In all department and district capitals juntas shall 
be created, to be styled Juntas for the support of public edu- 
cation. 

Art. 33. Said juntas shall be composed of the respective 
police chief, who shall be president thereof, of the parish curate, 
and one of the resident citizens of the place, whom, on nomina- 
tion of said junta, the executive shall appoint every year, and 
whom, for the first time, he shall appoint of his own judgment. 

Art. 34. All that concerns the education of youth within the 
precincts of the district, shall be under charge of said juntas, 
and for attending to their object in towns where they do not 
reside, the adcaldes and curates of said towns shall correspond 
with them as associates. 



40 University of Texas Bulletin 

Art. 35. In puruance thereof they shall take special care that 
the funds destined to the support of schools be used expressly 
for that object, and that they be not separated therefrom from, 
any cause whatever; they shall also use their efforts to have 
parents send their children to school. 

Art. 36. They shall provide the schools under their inspec- 
tion with useful teachers, and well qualified, whose conduct as 
regards the faithful discharge of their duties they shall care- 
fully observe, taking strict care they do not render useless by 
their example the lessons it is their duty to give on morality 
and good breeding. 

Art. 37. They shall determine on 'those who, on account of 
being poor, ought to be assisted with the necessary books and 
paper; and of those who manifestly can conveniently pay, they 
shall collect the value thereof, also a moderate tax not exceed- 
ing twelve dollars per annum, which whatever it is shall be 
paid into the school funds. 

Art. 38. They shall propose means to the executive for aug- 
menting said funds, which shall serve to multiply the different 
branches of education; and they shall have charge of the direc- 
tion and financial administration of the schools for public 
education. 

Art. 39. The provisions and measures of said juntas shall be 
promptly and efficiently supported by the Ayuntamientos under 
the most strict responsibility. 

Monclova, 27th of April, 1833. 1 

J. M. de Veramendi. 

DECREE NO. 244 

The Congress of the State of Coahuila and Texas has thought 
proper to decree : 

Art. 1. The proceeds resulting from grounds for building 
spots, and lots that have been, and shall be granted in the de- 
partments of Monclova and Bexar shall be annexed to the munic- 
ipal funds of the respective towms. 

Art. 2. In the department of Bexar, said sums shall be ap- 
propriated exclusively for a teachers fund, of primary schools, 



'Gammel's Laws of Texas, Vol. 1 (323-327) ; 

Laws and Decrees of the State of Coahuila and Texas, 1839, 213-216. 



Education in Texas 41 

which shall be established in conformity to the law on the 
subject. 

For its fulfillment, the Vice Governor of the State shall cause 
it to be printed, published, and circulated. 

Given in the city of Monclova, on the 8th of May, 1833. 1 

J. M. de Veramendi. 

DOCUMENTS RELATING TO THE SCHOOL AT NACOGDOCHES 

The Spanish school at Nacogdoches was established in 1831 and 
continued to live a rather feeble existence as late as December, 1835. 
The land grant in 1833 for the school in this place is quite worthy 
of note. 

PADRE DIAZ TO CORDOVA 

Oct. 4, 1830. 
Citizen Alcalde Vicente Cordova. 

Dear Sir and Friend: I desire an answer to my letter of day 
before yesterday concerning the school, for Mr. Tomas de la 
Garza's guidance in the matter, in order that he may not be 
undecided, as today it seems to me the proper thing for him to 
make up his mind, without further delay, in regard to my offer. 
I appreciate the fact that you are very busy, but you must par- 
don me this trouble, as I was unable to prevent it on account of 
circumstances. 

Your attentive and humble servant, 
Father Diaz [Rubric] 
(Addressed) 
To the Citizen Alcalde 
Vicente Cordova, 
Present. 2 



Krammel's Laws of Texas, Vol. 1, (336) ; 

Laws and Decrees of the State of Coahuila and Texas, 1839, 226. 
'Translated by Katherine Elliott, Archivist of the Texas State 
Library. Original among the Nacogdoches Papers. 



42 University of Texas Bulletin 



MUSQUIZ TO THE AYUNTAMIENTO OF NACOGDOCHES 
RAMON MUSQUIZ 

Musquiz was the political chief at San Antonio for some years 
and in 1835 became vice-governor. 

Government of the Department of Bejar. 

Under the present date I communicate the following to the 
President of the Board of Piety which is established in your 
town : 

"One of the most comm,endable objects which have frequently 
claimed the attention of this government with respect to your 
town has been the matter of encouraging the Ayuntamiento in 
the most effective manner, in order that by all possible means 
and by surmounting all difficulties which might be presented to 
them, they should initiate the important establishment of a pri- 
mary school. In the three years during which they have re- 
peated the orders, they have been displeased at not being able to 
succeed, and when they attempted to dictate new measures in 
regard to this, they have received with the greatest satisfaction 
the courteous communication contained in your official letter of 
the eighteenth of last January, in which you, as President of 
your worthy Board, inform them of its installation, and state 
that one of the two great objects of the labors .which you propose 
to perform will be to devise means for supplying the youth" of 
that Frontier with an education in conformity with the en- 
lightenment of the age and with the liberal system adopted by 
the Nation. Of no less worthy consideration is the other object; 
namely, the erection of a new church. A commodious and fitting 
place for all the acts of worship instituted by the Divine Savior 
is urgently needed, particularly in a town in which, on account 
of its location and the presence of foreigners, it is necessary to 
give an edifying example in order to keep intact the sublime and 
true religion which happily we profess. Falling in with the 
desires of your worthy Board to submit its installation for the 
approval of the Honorable Congress of the State, that its acts 
may have the proper legal character, they have given account of 
everything to his Excellency, the Governor of the State, with the 



Education in Texas 43 

recommendation which this matter justly demands. I hope very- 
soon to have the pleasure of communicating a favorable outcome 
to you. Today I am glad to state that this government approves 
entirely the wise plan of forming and installing the Board over 
which you preside, as well as the project of raising voluntary 
subscriptions, to establish the two beneficent institutions which 
have given merit to your labors and which will immortalize your 
memory through the great good to be derived therefrom. I 
hereby have the honor to reply duly to your afore-mentioned 
communication and to assure yourself and the members of the 
Board of my distinguished consideration." 1 

I transmit this to you for your information, in reply to your 
official communication of the eighteenth of last January relative 
to the same matter, together with which you sent me the original 
communication made to you, bringing to your knowledge the 
installation of the Board by means of the official act of which 
the record was enclosed, and the subscriptions obtained for the 
objects of the Board's institution. Nothing further occurs to me 
concerning this matter, except the fact that, in order that the 
school may be permanent and may possess available funds for 
the payment of the teacher and for other necessary items of 
expense, it will be very well for you to agree with the Board 
concerning the means to be employed, acting in accordance with 
the provisions of Article 128 of Law No. 37 of June 13, 18^7. 
God and Liberty. Bejar, February 16, 1831. 

Ram<on Musquiz [Rubric] 
To the Honorable Ayuntamiento of 
the Town of Nacogdoches. 2 

CIRCULAR 

THE Board of Piety of Nacogdoches, to the Settlers of this 
Frontier. 3 



X A copy of the original of this quotation is in the Bexar Archives 
Jaied Feb. 16, 1831. It is listed with several other papers bearing 
on the Board of Piety under date of January 19, 1831. 

'Translated by Katherine Elliott. Original among the Nacogdoches 
Papers. 

. 3 As will be seen by the previous letter, the Board of Piety was 
organized in January, 1831. The exact date of organization was 
January 16, 1831. 



44 University of Texas Bulletin 

Fellow-Citizens : A happy event of the most imperious, ex- 
quisite and irresistible circumstances, is, the necessity of two 
Establishments of piety usefull and necessary; the idea was 
brought forth by an assembly under the denomination herein 
mentioned. 

A Church intended to celebrate and worship the Gospel agree- 
able to the Roman Catholic Religion which is professed by the 
Mexican Nation, and a primary School for the Education of the 
youth of this Circuit, they are both great and exclusive objects 
which the Junta expects to promote and raise by every legal, 
lawful and honorable means in their power, they are assured of 
the benefit of the undertaking, for the same reason obstacles 
will not produce any change in the scheme they have adopted, 
nor will they turn their back to a business they undetook with 
so much warmth. Conscious of the usefulness of the objects they 
have proposed to erect, they expect the approbation of the 
Supreme authorities of the State, being aided with the imme- 
diate" co-operation of your talents and patriotism by a gift vol- 
untarily subscribed, to the amount your generosity will dictate, 
which may consist of either money, produce, personal labour, or 
any other article which may be converted into value, or else in 
the material work in both buildings. 

The building of a Church is of the greatest necessity for a 
christian an religious people. To maintain a School for the edu- 
cation of children is of absolute necessity in civilized society at- 
tended by any form of government whatever. If eliments (ele- 
ments) constitute a man in his nature, religion and education 
insinuates moral principles in him. 

With less means some greater and more important undertak- 
ings than this which now occupies the Junta, have been under- 
taken and finished: Why should we not see the fulfillment of 
our wishes, if we calculate upon your efficacy in contributing 
with a small portion of your wealth for so valuable purposes? 
A stone is formed by the adherance of sand collected in one 
spot, and a hill is formed only by the accumulation of stones, 
dirt and sand of all kinds and sizes. If you wish to have a 
Church where to attend the functions of the Holy Sacraments of 
the Christian Religion which we profess — if you wish to have 



Education in Texas 45 

a School where to send your children to receive education and 
acquire the principles of Religion and natural morality, make 
the sacrifice of a small portion of your interists, and deposit the 
same in the hands of the Treasurer appointed for the purpose; 
subscribe to the amount you think proper for so important an 
object, and be persuaded the funds shall not be disposed of 
conterary to the aforsaid objects. The Junta offers to produce 
minuted accounts of all the expenses that take place ; and they 
offer to compare and overhaul the accounts with impartiality, so 
you may form a correct judgment of their management, and 
that after your acknowledgement you may pronounce pro or 
con on their administration and preservation of the funds in- 
tended or applied to so important objects. The Junta will war- 
rant the funds in their possession before God and Man with 
their estate, honor and life of the members who compose it. 

Jose de las Piedras, President — Pedro Elias Bean, V. Presi- 
dent. — Adolfo Sterne (absent) Treasurer. — Frost Thorn. — 
Fr. Antonio Diaz de Leon, (temporary,) Curate. — Manuel de 
los Santos Coy, Alcalde. — J. Antonio Padilla, Secretary. 

Nacogdoches, March the 10th, 1831. 1 

CONTRIBUTIONS FOR BUILDING CHURCH AND SCHOOL 

List of the names of the persons who subscribed toward the 
construction of a Church and the foundation of a school. Col- 
onel Dn Jose de las Piedras. on the part of the military con- 
tingent, and for the present, one hundred pesos. 

Colonel Dn Pedro Bean, All of the lumber necessary. 

Dn Adolfo Sterne, twenty-five pesos and one hundred pounds 
of nails. 

Dn Patricio Torres, a month's service of a hired laborer. 

Dn Juan Mora, ten pesos. 

Dn Francisco Guerrero, all of the hinges of the windows and 
doors. 

Dn Manuel Santos, ten pesos. 

Dn Jesus Santos, five pesos. 

Ynes Santaleon, a barrel of beans. 



'This circular was printed in parallel columns in Spanish and 
poor English as the copy shows. Original in the Bexar Archives. 



46 University of Texas Bulletin 

Dn Martin Ybarbo, a two-year-old steer and a barrel of corn. 

Andres Gonzalez, his personal service with a yoke of oxen for 
eight days. 

Dn Juan Lazarin, the same. 

Dn Conception Ybarbo, a yearling calf. 

D. Antonio Manchaca, ten pesos. 

D. Bautista Chirino, a three-year-old steer. 

Brigido Sineda, the service of a hired laborer for eight days. 

Nacogdoches, January 18, 1831. — Jose de las Piedras. 
— T [reasurer] Jose Antonio Diaz de Leon, as Secretary. 

This document is a copy of the original sent to the State Gov- 
ernment. Bejar, 12 of February, 1831. * 

INSTALLATION OF TEACHER 
MAKTUEI. DE BOS SANTOS COY 

Justice Court of Nacogdoches. 

No. 56. 

The Primary Teacher, Don Jose Cariere, having been engaged, 
the amount of his salary and the remaining conditions and re- 
quirements necessary to the fulfillment of a contract having been 
regulated, it was necessary to open the school and install him in 
office, in order that he might at once begin to instruct the youth 
of this town. 

Yesterday this act was solemnly ratified by myself as the sole 
constituted political authority, with the assistance of the Board 
of Piety, the guardian of this establishment, to whose labor and 
consecration is entirely due the installation of a school which 
will afford the public countless benefits. 

The Teacher came to this town at the express invitation of the 
Board, and, according to all appearances, he is a man of adequate 
intelligence and learning, of honesty, and of other commendable 
qualities. 



'Translated by William A. Whatley. Original in the Bexar 

Archives. 



Education in Texas 47 

I have the honor of communicating this to Your Excellency 
for your due notification and in compliance with my duty. 
God and Liberty. Nacogdoches, May 10, 1831. 

Manuel de los Santos Coy [Rubric] 
His Excellency the Political Chief of 
the Department of Bexar. 1 

MUSQUIZ TO THE ALCALDE AT NACOGDOCHES 
RAMON MUSQUIZ 

Under today's date I am writing to the Regidores Citizens 
Franco Guerrero and Juan Mora the following. 

"While I was justified in expecting that the members of the 
Ayuntamiento would be the first to indicate appreciation and 
gratitude to the Board of Piety of your town for the eminent 
services rendered in favor of the education of the young and 
divine worship, I have observed with deep displeasure the unjust 
and impolite manner in which you have conducted yourselves, as 
appears from the account contained in your official communi- 
cation of the 10th inst. You, as fathers of the people, should 
have been the first to rejoice with the worthy members of the 
Board of Pietjr on the occasion of the establishment of the school, 
but, by your unwisdom and misplaced zeal, you embittered an 
act worthy of the highest esteem among civilized people. The 
Citizen Alcalde depends solely upon this Gefatwra in the exer- 
cise of his political authority, and neither the Ayuntamiento as 
a body nor any of its members individually has the right to 
question his authority as you did. It was within his authority 
and would have been befitting the dignity of his position, to 
inflict upon you some penalty, pecuniary or personal, for the 
only right possessed by the individual members of the Ayunta- 
miento is that of dispassionate and respectful petition. It is 
true that the Law of April 6 of last year, prohibits the entrance 
of foreigners at the frontier without the corresponding pass- 
port, but discrimination is necessary, since the aforesaid Law 
of April 6, applies to those who come with the intention of be- 
coming colonists. M r . Carrier's is a different case, for he was 



translated by Katherine Elliott. Original among the Nacogdoches 
Papers. 



48 University of Texas Bulletin 

invited by the Board of Piety in accord with the political au- 
thorities for the purpose of employing him in his present task — 
a most rceommendable one — of educating youth. By virtue of 
this he did not need a passport from the Mexican consul, and 
only a feeling of prejudice, which you have been unable to 
conceal, against the inestimable advantage that has been af- 
forded to the youth of Nacogdoches, caused you to act with the 
lack of tact and discretion you exhibited. Therefore i1 is due 
justice that you be hereby reprimanded in order that in the 
future you may be more cautious, and may appreciate duely the 
measures taken to improve and benefit the conditions in your 
municipality, which is for many reasons entitled to the services 
planned in its favor by the worthy Board of Piety." 

This I transmit to you for your information and in reply to 
your official communication No. 56 of the 10th inst., relating to 
the establishment of a primary school in order that you may 
express to the Board of Piety established in your town, the dis- 
pleasure with which this Gefatura has regarded the conduct 
observed by the two regidors referred to in the communication 
inserted above at the installation of the teacher of the above 
mentioned school, which has been the object of the assiduous 
labors of the board. 

God and Liberty. Villa de Goliad, May 24, 1831. 

Ramon Musquiz.- 

To the Citizen the Constitutional Alcalde of the town of Nac- 
ogdoches. 1 

LAND GRANT TO NACOGDOCHES FOR PRIMARY SCHOOL 
DECREE NO. 240 

The Congress of the State of Coahuila and Texas has thought 
proper to decree : 

Art. 1. Four sitios of land, of the vacant lands of that mu- 
nicipality are hereby granted to the Ayuntamiento at Nacog- 
doches, to which possession thereof shall be given by the com- 
missioner, whom the executive shall appoint for that purpose — 



translated by Professor Lilia M. Casis. Original in the Bexar 
Archives. 



Education in Texas 49 

with power to select said sitios in continuity or separate as may 
be most proper in the judgment of the said Ayuntamiento. 

Art. 2. The lands mentioned in article 1, shall be under the 
management of said corporation in conformity to the provision 
that is now, or shall hereafter be made by law. 

Art. 3. The products thereof, whatever thev are, shall be ap- 
propriated entirely and exclusively as a fund of the primary 
school, wherein the Castillian language, and what is further- 
more, provided in article 215, of the constitution, shall be ex- 
pressly taught. 

For its fulfillment, the Vice Governor of the State shall cause 
it to be printed, published and circulated. 

Wherefore I command it be printed, published and duly ful- 
filled. 

Given at the city of Monclova on the 2nd of May, 1833. 
J. M. de VERAMBNDI. 
Santiago del Valle, Secretary. 1 

COMMISSION OF PUBLIC INSTRUCTION: SORS. ARREOLA, 
HERNANDEZ, AND CARRIAGA 

1st. The ayuntamiento of the city of Nacogdoches is granted 
the four sitios of land as petitioned, so that with the rent ob- 
tained therefrom, a fund may be created solely for the estab- 
lishment of a primary school within that municipality. 

2nd. The lauds mentioned in the previous article shall be 
managed by a commissioner, who shall be appointed by the gov- 
ernment for this purpose, and he shall take care to see that the 
lands granted be absolutely vacant lands free from all disputes 
and claims. 

3rd. The ayuntamiento receiving this grant shall have no 
power at any time to transfer by sale the aforesaid lands, and 
shall only be entitled to use them to obtain rent or in some sim- 
ilar manner, the returns of which shall be managed by the said 
corporation in accordance with the provisions of article 133 of 
Law No. 37, regulating the economic government of the pueblos. 

The discussion is postponed for the 12th day of the present 
month. 2 



'Gammel's Laws of Texas, Vol. 1 (333); 

Laws and Decrees of Coahuila and Texas, 1839, 223-224. 

^Original in Bexar Archives. Undated. 



50 • University of Texas Bulletin 

NACOGDOCHES SCHOOL STATISTICS 



Children 
Date Pop. 7 to 16 Schools Pupils Sources of Information. 1 

Census, May 24, 1828. 
School Report, Dee. 31, 1828. 
Census, March 31, 1829. 
School Report. March 31, 1829. 
Census, June 30, 1829. 
School Report, Dec. 31, 1829. 
Census, Dee. 31, 1829. 
Census, June 30, 1830. ' 
School Report. June 30. 1830. 
Census. Dec. 31, 1830. 
School Report, Dec. 31, 1830. 
Census, June 30, 1831. 
School Report, June 30, 1831. 
Census, Dec. 31. 1831. 
School Report, Dec. 31. 1831. 
School Report, March 31, 1832. 
School Report, June 30,. 1832. 
Census, June 30, 1832. 
Census, Dec. 31, 1832. 
Census, June 30, 1833. 
School Report, June 30, 1833. 
Census, Dec. 31, 1833. 
School Report, Dee. 31, 1833. 
Census, June 30, 1834. t 
School Report, June 30, 1834. 
Census, Dec. 31, 1834. 
School Report, Dec. 31, 1834. 

THE SCHOOL AT LA BAHIA (GOLIAD) 

The materials show that there was a school at La Bahia in the 
early part of the twenties. Reports ten years later do not indicate 



1828 


737 


192 






O 



1829 
















542 


114 












666 


180 








1830 


665 


138 . 








701 


138 . 






1831 


767 

848 


166 
167 . 


1 
1 

1 


50 
37 

46 


1832 


844 


176 . 


1 

1 


24 

16 




791 


147 


1 




1833 


857 


183 




1 

1 




877 


183 


1 

1 


15 
15 


1834 


871 


192 


1 

#2 


11 
11 




S71 


192 


1 

#9 


13 
13 



'These reports are found among the Nacogdoches Papers. 
tA copy also in the Bexas Archives. 
* Evidently an error in copying. 



Education in Texas 51 

the existence of any school, and there was none in 1834 according 
to Almonte's Report. 1 

REGARDING A CASE OF DISCIPLINE 

Number 8. 

By your official communication of the 27th ult\, I am informed 
both by my predecessor and some neighbors of high standing 
in the city that the injury of the hand suffered by the son of 
the soldier Carrillo was not the result of the feruling which the 
teacher gave the boy, but the result of his devilment as I will 
inform you in detail from the report I have received. 

"For instance one morning the teacher punished the boy with 
a ruler, in the afternoon there was a merry row and dance which 
the boy attended. He was one of the dancers, and he held a 
water gourd in his hand which he manipulated with great dex- 
terity. The following clay he did the same thing, and so on 
successively for three days. During this time there was no 
complaint from the boy. It is to be noted that after these 
dances the boy went swimming in the river in company with 
other boys who testify to it, and while they were all playing 
with a canoe he hurt his hand by getting it caught under the 
said canoe. From that time on the boy began to complain, for 
which reason it is thought that this was the original cause of 
the injury, and not the rapping with the ruler. Besides, Car- 
rillo had already made complaint to my predecessor against the 
teacher about the injury to his son. He (my predecessor) on 
being informed reprimanded the teacher thus ending the matter 
but leaving the teacher much insulted. 

But let us suppose that the teacher was the positive, original 
cause of the injury to the son of Carrillo. He (the teacher) 
could with time only, pay for the cure of the boy by being de- 
prived of the salary which he receives as a soldier for his sup- 
port and that of his family. As a teacher he receives no salary 
at present, and only gets a few donations such as meat, lard, salt, 
etc., on Friday, from a very few neighbors. The majority of 
the children are taught out of pure charity, the custom being 
not to give anything to this unfortunate wretch. 



'See pages 91-93. 



52 University of Texas Bulletin 

Notwithstanding I duly reproached the teacher that he may 
not use the ferule in the future on the hoys, and advised him 
of all your other instructions which made the poor fellow much 
ashamed. 

With this I reply to your aforesaid official letter of the 27th. 
God keep yon many years. Bahia, June the 9th, 1820. 

Jose Ramirez [Rubric] 
To the Governor, 

Corl. Antonio Martinez. 1 

A TEACHER'S COMPLAINT 

Jose Galan, the secretary of that ayuntamiento, complains 
to me that on account of being kept constantly employed writ- 
ing, and not having received any pay for his work, he and his 
family are suffering want ; and that likewise, he has been de- 
prived of the management of the school which he had under his 
charge. I must say to you that our wise laws have as their 
purpose the happiness of the citizens and not their ruin by the 
heavy obligations imposed upon them through the municipal 
offices to which they may be elected. In the first place, he ought 
to have his salary. That ayuntamiento should propose the 
amount to the honorable deputation according to the funds or 
resources of that pueblo and the merits and work of the person 
in question. While this is decided, there is no reason why he 
should not be given something that he and his family may not 
starve. In the second place, he was discharging his duties with 
regard to the school with zeal and efficiency as is demonstrated 
by the samples of the work done by students sent to this govern- 
ment, from which the progress in education in that pueblo has 
been seen. As Galan is an honest man, there is not any reason 
for depriving him of the school, since this is not a hindrance to 
the discharge of his duties as secretary, and especially since the 
ayuntamiento can not pay him an adequate salary for the sup- 
port of his family. In view of this, I trust that, with your ac- 
customed fairness and justness, you will attend to the complaint 
of this person. God keep you many years. Bexar February 7th, 
1821. To the constitutional alcalde of La Bahia. 1 



Original in the Bexar Archives. 



Education in Texas 53 

EDUCATIONAL CONDITION DESCRIBED 

No. 90. 

This ayuntamiento has adopted with great pleasure the pro- 
posals and orders of the Commander General for the establish- 
ment and development of a primary school. But due to the prev- 
alent miserable conditions, the population of this place is di- 
minishing, and whole families are leaving hurriedly either for 
the capital or for other provinces, so that if there had been a 
supply of horses here the place would have been absolutely aban- 
doned. In spite of the lack of horses, many individuals, brav- 
ing all the hardships and dangers which arise, leave the place 
under great difficulties, though they regret the destruction oC 
their scant property. This is the main reason why a regular 
school does not exist in this district such as we had a few 
month ago. Only through the entreaties and persuasion of the 
Cabildo and the parish priest, Don Tomas Buentello has taken 
charge of about sixteen or twenty children to whom he gives 
primary instruction more as a favor than for the money he re- 
ceives. Yet, if the circumstances which oppress us should 
change, the first step which this ayuntamiento will take with great 
determination and interest will be the establishment of a school, 
since it is the symbol which characterizes man placing him on the 
road to honor and the highest achievements. 

May God keep you many years. Bahia, August 3rd, 1822. 

Juan Jose Hernandez [Rubric] 
To the Governor : 

Brigadier Gen. Antonio Martinez. 1 

LETTER TO MUSQUIZ 

Number 34. 

Notwithstanding the fact that this corporation has already 
made efforts to comply with article 122 of the law of 13th of 
June last, number 37 2 with regard to the strict responsibility 
which this corporation has of establishing a school of primary 
education for the instruction of youth — and of which your ex- 



^riginal in the Bexar Archives. 
2 See page 3ft. 



54 University of Texas Bulletin 

cellency reminds it in your official communication of January 
23rd of the present year — this corporation has approached the 
commander of the company stationed permanently in this post 
to see if he will contribute to the payment of that part of the 
salary to lie assigned to the teacher who is willing to instruct the 
children of the troops. This municipality informs you that, 
with respect to public funds, there are none on hand for the 
maintenance of the school. Therefore, it is forced to establish, 
until such funds are secured, a system requiring the payment of 
a quota from the private means of the parents of children, as 
has been done in previous times, this to be imposed on them pru- 
dently so that the salary of the teacher who is to take charge of 
the education and instruction of the children may be paid. The 
teacher can be no other than the Rev. Father Fr. Jose Miguel 
del Muro, as proposed in your above mentioned letter, who of- 
fers at once to discharge temporarily, or as long as he is able, 
the office to which he is invited if the necessary equipment be 
furnished for so important an object, such as the building to 
open the school in, tables, seats, etc. As regards the construc- 
tion of the building, it seems that the parents are interested in 
building it, and have already begun to cut the lumber and have 
brought part of it in. This ayuntamiento will endeavor by all 
possible means, to attain success in so valuable an en- 
terprise in spite of the fact that this neighborhood is engaged at 
present in the cultivation of its lands for its indispensable crops. 
All of which this corporation makes known to you for your in- 
formation and in reply to your said official communication, and 
lastly asks you to interpose your influence with the supreme 
government of the state that it may give its decision in regard 
to raising the proposed funds. 

God and Liberty. Bahia January 31, 1828. 

J. Guadalupe de los Santos 
Jose Antonio Vasquez, Secretary. 

To the Chief of the Department 
Citizen Ramon Musquiz. 1 



Original in the Bexar Archives. 



Education in Texas 55 

COPY SET FOR CHILDREN'S WRITING 

There is no" remission of sins except through the Catholic 
Church, since it is a continuation or consequence of the com- 
munion of the Saints. Being members of Jesus Christ we par- 
ticipate in His infinite merits; and as he is God he has the 
power of remission. 

Answer not before listening ; and interrupt no person in his 
discourse. Ecclesiastics Chapter 11. 

1.2.3.4.5.6.7.8.9.0.10.11.12.13.14.15.16.17.19. 

From the hand and pen of Juan de Leon, pupil of the Rev- 
erent Father Brother Migel Muro; dated — at Bahia on the 18 
of February of 1829. 1 

EDUCATION IN SAN ANTONIO 

After the establishment of the Mexican government there was evi- 
dently a lapse in the school interest in San Antonio. Not until 1826 
is there clear evidence that a school was in operation. But only 
from 182 8 can we trace in detail the facts regarding the attendance, 
the finances, the teachers and the official acts affecting the school. 

BEXAR WITHOUT A SCHOOL IN 1823 

Texas Courier, 1823. — Some four years later a venturesome 
American who signed himself Asbridge, established a press at 
San Antonio, and on April 9, 1823 announced his intention of 
publishing the Texas Courier "every Wednesday morning in 
Spanish and English. ' ' His prospectus addressed in flamboyant 
style. "To the advocates of Light and Reason," deplored "the 
vicious policy of Spain, which for three hundred years had con- 
cealed from the world the rich and beneficent province of 
Texas, neglected education, stifled the arts, and discouraged in- 
dustry." But, "evils of such magnitude could not be everlast- 
ing." "The epoch of reason and light [had broken] forever 
the degrading chains which oppressed the new hemisphere ' ' ; and 

'Translated by William A. Whatley. Original in the Bexar 
Archives. Around the outside of the copy is a pen and ink decora- 
tion of simple design. The writing was an example of prize 
penmanship. 



56 University of Texas Bulletin 

Bexar, wich formerly "was not thought deserving of a primary 
school, is now in possession of a printing press." 1 

FIRST EFFORT TO ESTABLISH A SCHOOL 

Saueedo to Governor of T.-C. 
Your Excellency: 

In consequence of the instructions you gave me in your letter 
of March '2, concerning the obligation imposed by law upon the 
ayuntamientos of the pueblos for promoting the establishment of 
Public primary schools for the instruction and education of the 
youth, and of attending to other matters connected with this im- 
portant and beneficial establishment; I will take all possible 
pains to sec that the ayuntamientos of the department in my 
charge comply exactly with this sacred duty which the law im- 
poses upon them on this matter as fathers of the youth. Never- 
theless with greatest regret I inform you that at the present 
time and at all times this city has lacked this benefit ; for even 
when the ayuntamientos have encouraged their establishment, 
they have done so with but little force and energy, either be- 
cause the lack of funds to pay the salary of instructors or on 
account of the lack of interest of parents in paying the sums 
assessed against them for the education of their children ; and 
lastly because of the frequent absences of children from school. 
The.y even go so far as to leave school without their parents' 
consent and the judicial authorities do not force the parents to 
send their children to the determined place for their schooling. 
For these reasons I think it absolutely necessary that in this 
town should be established a primary school supported by state 
funds since up to this time this city has not had a separate 
school fund. I am, however, ignorant as to whether this amount 
would be sufficient to pay the salary which would have to be paid 
+ o a teacher of sufficient education and of moral character to 
control the children. As of this class of individuals there are 
none in this city and as it is necessary to have an outsider, it is 
indispensable to defray the expenses of his trip and give him 
a salary sufficient to overcome his dislike to the place, which, 



l Barker, Eugene C, Notes on Early Texas Newspapers, 1819-1836. 
In Southwestern Hist. Quar., Vol. 21, 127-128. 



• Education in Texas 57 

although pleasant and healthful, is abhorant to everybody be- 
cause of its decadent and miserable conditions. 

After the establishment of this school, or of the two schools, 
which I consider indispensable for the education of the great 
number of children who run about the streets, I think that the 
parents of moderate means should be forced to pay a contribution 
according to their ability to support the ordinary expenses 
of the school with the understanding that without exception 
they be compelled to send their children to school. However, 
you will decide what you think most convenient under the cir- 
cumstances. 

God and Liberty 

San Fernando de Bexar, 

April IS, 1825. 1 

THE POLITICAL CHIEF TO THE AYUNTAMIENTO 
Year of 1826. 

Measure proposed by the Chief of the Department of Texas, 
requesting that the cost of construction of a building to be used 
as a Primary School be met by the State funds. 

Book A, Number 39, p. 45. 2 
Office of the Secretary 
of the Supreme Government of the State. 

With the official letter of Your Lordship [s] of yesterday's 
date I received the estimate of the expense of the construction 
of a building fourteen and a half varas in length to serve as a 
primary school. The utility and the necessity of such a building 
is sufficiently evident, but as Your Lordship [s] do not indicate 
the fund which should support it nor the means on which you 
count for its construction, I request that in answer to this letter 
you will inform me on both of these points, that I may direct 
it to the hands of the Excellent Governor of the State by the 
next mail, to the end that it may receive the approbation of the 
Honorable Congress. 

God and Liberty. Bexar, January 20, 1826. 

Jose Antonio Saucedo [Rubric] 

To the Very Illustrious Ayuntamiento< of this city. 3 



'Original in the Bexar Archives. 

2 This explanatory note was written on the letter which follows. 

translated by William A. Whatley. Original in the Bexar Archives. 



58 University of Texas Bulletin 

THE AYUNTAMIENTO TO THE POLITICAL CHIEF 

This body did not indicate to Your Lordship the fund which 
it has at its disposal for the construction of the building of four- 
teen and a half varas in length, to be used as a primary school, 
for the reason that it considers that the fund which was 
established on the 17th. of November lately past is insufficient 
to meet the demands of such expense with the opportuneness 
that such an important enterprise demands. However, 
moved by the zeal, patriotism, and love with which Your Lord- 
ship has cooperated with us in this matter, and coordinated 
your ideas with the public good, we do not doubt that you will be 
able to influence the Supreme Government so that it may indi- 
cate that which may be most convenient. 

God and Liberty. Bexar, January 20, 1826. 

Juan Jose Zambrano [Rubric] 
Mariano Gortari [Rubric] 

To the Temporary Chief of this Department 

Citizen Jose Antonio Saucedo. 1 

ESTIMATE OF THE COST OF BUILDING 

Fourth Seal. Furnished by the State of Coahuila and Texa? 
for the Year of 1826. 

Zambrano [Rubric] 
[On margin] 
The person interested 

has paid in the office of 
which I have charge one- 
half of a real, the value 
of this stamp. 

Garza [Rubric] 
Estimate of the probable cost of the construction of a public 
building to be used as a religious school, and for the teaching of 
the children of this city, compiled by the following competent 
appraisers: Citizen Jose Antonio de la Garza and the master- 
mason Donaciano Ruiz. 
A building of \^ x h varas Pesos Reales Cuartillas 

For 1500 Shingles at 3 pesos per 100 45. 

34 lintels at 10 reals 42. 4 



'Translated by William A. Whatley. Original in the Bexar 

Archives. 



Education in Texas 



59 



3000 Adobes at 10 pesos per thou 30. 

18 days labor of a master-mason at 

2 pesos per day 36. 

7 Laborers for the same number of 

days at 4 reals per day 63. 

110 cart-loads of stone at 1 peso each. 110. 

100 ditto of earth at 4 reals each 50. 

12 days labor by a master-mason 

with three laborers 42. 

4 days ditto, and 6 workmen to con- 
struct the roof 26. 

10 cart-loads of Gravel to make ce- 
ment for the roof at 4 reals 
each D - 

50 Fanegas of lime, at 6 reals 37. 

15 cart-loads of sand at 7 reals 13. 

12 days labor by a master-mason and 

3 workmen to plaster 42. 

2 days ditto with 4 workmen to mix' 

mortar 1°. 

70 fanegas of lime, at 6 reals 52. 

20 cart-loads of sand at 7 reals 17. 

12 days labor by a master-mason to 
build the wall, one-third of 
stone and with 3 laborers. . .42 

10 Water-conduits at 6 reals 7 

2 Windows. 12 pesos 24 

1 door with all accessories 24 

9 sills n 

5 rafters for cross-supports 2 

6 ditto, small, at 2 reals 1 



Total value, pesos 746. 5 

San Fernando de Bejar, January 14, 1826. 
Jose Anto. de la Garza [Rubric] 
Jose Donaciabo Ruiz, (X) [mark] 1 

'Translated by William A. Whatley. Original in the Bexar 
Archives. 



60 University of Texas Bulletin 

TAX FOR MAINTENANCE OF SCHOOL-MASTER 

In an act passed on the 17th of November of last year, the Il- 
lustrious Ayuntamiento agreed to tax the introduction of stock 
for slaughter in this city, at the rate of two reals (dos reales) a 
head, and of one-fourth of a real (una cuartilla) for sheep and 
goats, in order to meet the payment of the salary of the school- 
master. And not having given you previous notice of this act 
in order that you might in turn notify the superior authorities 
for their approbation, we hereby communicate the same to you, 
begging that you will transmit it to the higher authorities above 
mentioned that they may co-operate in making effective so bene- 
ficial a measure. 

Municipal Hall of Bejar, January 20th, 1826. 

Juan Jose Zambrano 
M. no Gortari, Secretary. 

(To Jose Antonio Saucedo, Political Chief) 1 

POLITICAL CHIEF TO THE GOVERNOR OF THE STATE 

No 30. 

Very Excellent Sir : 

The 19th. of the present month I had the satisfaction of seeing 
the establishment in this city of a public primary school. The 
tardiness of its establishment was caused by the lack of means 
with which to pay the school master; to provide such means, I 
was compelled to adopt the expedient of appealing to and ex- 
citing the zeal of the Ayuntamiento of this place to the end that 
a public list of voluntary subscriptions should be opened.; the 
result of this measure has justified my hopes, and this difficulty 
has disappeared, as many citizens 1 have agreed to pay a monthly 
contribution. Not possessing a public edifice fit to answer the 
purpose of a school-house, the Ayuntamiento caused to be drawn 
up a reliable estimate of the expense necessary to erect such 
a building, which estimate I now place in the superior hands of 
Your Excellency, to the end that if you should judge it to be 
advisable you may submit it to the consideration of the Honor- 
able Congress of the State, under the understanding that the 



^Translated by William A. Whatley. Original in the Bexar Archives. 



Education in Texas 61 

Ayuntamiento has not sufficient funds to cover the expense of 
his building, as is attested by its official letter, which I enclose. 

I flatter myself that Your Excellency, in your interest in 
the advancement of youth, will use all the means in your power 
to obtain the protection of the Honorable Assembly for this 
worthy town, and to obtain its consent to the use of a portion of 
the State funds to satisfy the cost of the construction of the 
building mentioned in the above estimate ; for I am certain that 
you will judge the limited means which I describe in a separate 
letter to Your Excellency to be totally inadequate. 

God and Liberty. Bexar, January 21, 1826 

Jose Ant°. Saucedo [Rubric] 

Addressed to the Honorable Governor of this State, Rafael 
Gonzales. 1 

GOVERNOR TO THE CONGRESS 

I enclose to Your Lordships the original of the measure pro- 
posed by the Chief of the Department of Texas, soliciting that 
the expense of the erection of a building to be used as a public 
school in the city of Bejar be met by the public treasury of the 
State; the estimate of the probable cost of such a building also 
accompanies the measure. 

The Government, on placing this measure before Your Lord- 
ships, cannot do less than recommend to the August Legislative 
Assembly the laudable zeal of the above mentioned Chief toward 
the object of procuring suitable facilities for the instruction of 
youth, and suggest that if you should be pleased to concede to the 
city of Bejar the aid which the measure solicits, it might be 
feasable to apply to this end a part of the product of the tax 
which the new colonists of that Department are to pay as an 
acknowledgement. 

I pray that Your Lordships will make all of the foregoing 
plain to the Honorable Assembly, and communicate to me its 



'Translated by William A. Whatley. Original in the Bexar 
Archives. 



62 University of Texan Bulletin 

decision in the matter, in order that I may give it my full com- 
pliance. 

God, etc. Saltillo 14th. of April, 1826. 

To the Secretary-Members of the Honorable Congress of the 
State. 

Copy. 

Padilla [Rubric] 1 

THE ACTIOxX OF CONGRESS 

Secretarial Department of the Congress of Coahuila and Texas. 
Most Excellent Sir: 

After considering Your Excellency's official letter of the lHth. 
of the present month, with which you enclosed the original of 
the measure proposed by the Chief of the Department of Texas, 
which measure had as its laudable end the establishment of a 
primary school in the city of Bejar, the cost of the erection of 
a building for this purpose to be met from the funds of the 
State; the Honorable Congress has decided to return to you 
the above-mentioned measure for the reason that it does not 
contain the necessary information, in order that you may cause 
the lacking information to be furnished by those concerned; 
the Honorable Congress also begs that on the resubmission of 
this measure Your Excellency will inform it as to the ways and 
means which it should propose to the Ayuntamiento of that De- 
partment for the obtainment of the object to which the measure 
refers. 

In compliance with this decision, we hereby return the meas- 
ure above-mentioned, that you may carry out the indicated 
suggestions. 

God and Liberty. 

Saltillo 22 of April, 1826. 

Juan Vicente C&mpo8,Diputado Secretario. 

El Baron de Bastrop. 
Copy. 

Padilla [Rubric] 1 



'Translated by William A. Whatley. Original in the Bexar 
Archives. 



Education in Texas 63 

REPORT OF CONGRESSIONAL COMMITTEE ON THE ESTAB- 
LISHMENT OF A GRAMMAR SCHOOL 

The first part of the document discusses the plan of one, Citizen 
Nairo, to establish two grammar-schools in the city of Saltillo, to be 
supported by endowments from the state and from private citizens. 
The committee finds the plan for Saltillo impracticable, owing to the 
failure of the private persons who had promised endowments to live 
up to their promises. While lauding the spirit of the enterprise and 
admitting the need of educational establishments, it protests 
against the establishment of such schools without sufficient money 
to keep them going, and declares that the founding of a school 
which must be closed to-morrow for lack of funds is conductive 
neither to the good of the public or of the state. The report then 
proceeds to the consideration of a similar project for Bexar: 

There has been before the Congress lately a petition of the 
Ayuntamiento of Bexar, which asks baldly that a grammar- 
school be founded and supported there at the expense of the 
state. The petition contains no suggestion of the purpose to use, 
for tbe support of the said school, any funds except those which 
may be obtained from the state, i. e., those raised by taxation; 
without considering' that the scarcity and insufficiency of the 
funds of the state are notorious. For this reason, this Com- 
mittee lias come to the following decision: That the petition of 
the Ayuntamiento of Bexar, with a full copy of the proceedings 
of this Committee which has been charged with its consideration, 
be returned to the Governor of the State, to be by him transmitted 
to the Chief of the Department of Texas, and by him to the Ayun- 
tamiento in question, that the said Ayuntanviento may remedy 
the above mentioned and serious fault which we have found in 
the plan which is the subject of the petition. 
Committee Room, Saltillo, May 20th., 1826. 
To the Honorable Congress. 

Juan Vicente Campos 
Jose M a . Viesca 
El Baron de Bastrop 
Mariano Varela 
Copy — Neri — Varela 

Copy 
Juan Antonio Padilla 

Secretary. 1 



translated by William A. Whatley. Original in the Bexar 
Archives. 



6-t University of Texas Bulletin 

REPORT TO THE POLITICAL CHIEF 



Seal of the free State 
of Coahuila and Texas 



The Secretarial Committee of the Honorable Congress, in an 
official letter of the 8th., of the current month addresses me as 
follows : 

"Very Excellent Sir: — The Honorable Congress, being in- 
formed of the content of your official letters of the 21st. of Feb- 
ruary of the past year of 1825, and of the 10th. of May of the 
current year, with which you enclosed the expositions of the 
Ajiuntaniientos of this city and of Bexar on the matter of the 
creation of three grammar schools in this and that city, has 
decided after hearing in the matter the findings of a committee 
composed of its own members, to return to Your Excellency the 
said expositions, with a full copy of the findings of the above- 
mentioned committee, to the end that you may carry out the in- 
structions which will be found to be contained in it. 

"In compliance with the above decision we enclose to you 
the said documents." 

T communicate the same to Your Lordship, enclosing a copy 
of the decision of the Committee mentioned above for your in- 
formation and that you may comply with that part of its in- 
structions which concern your office. 

God and Liberty. 

Saltillo, 20th. of July, 1826. 

Blanco [Rubric] 

Juan Antonio Padilla [Rubric] 

To the Chief of the Department of Texas. 
[On margin] 

This letter was placed before the Ayuntamienio of this city on 

the 12th. of September. 1 



'Translated by William A. Whatley. Original in the Bexar 
Archives. 



Education in Texas 65 

SCHOOL EQUIPMENTS ORDERED 
JOSE MARIE VIESCA 

Viesca was governor of the State from 1327-1831. 

This was transmitted to the In agreement with your petition in 

ayuntamiento of this city the offic i a i communication No. 22 of 

with the enclosed document ^ ^ m j haye ordered 

on February 12th. ,'-,-,, ■, ■ 

that one hundred charts, thirty-six 

catechisms, and thirty-six cartoons be bought for the instructior 

in primary letters of the youth of that city. I advise you that 

the cost of all was twenty-six dollars as you will see by the 

enclosed account. 

You will order the said sum to be paid to the depository in 
charge of Jose Antonio de la Garza and have it credited to state 
funds. 

God and Liberty. Saltillo, January 20th, 1828. 

Viesca. 
J. Antonio Padilla. 

To the Chief of the Department of Bexar. 1 

INSTRUCTIONS TO THE TREASURER OF THE SCHOOL FUND 

This ayuntamiento transmits to you the enclosed provisional 
instructions adopted by it for the management of the deposi- 
tory of funds of the primary school of this city, and trusts that 
you will please acknowledge receipt thereof in all due form. 
God. etc. Bejar, January 26, 1828. President of the commis- 
sion of the depository of school funds. Refugio de la Garza. 

With the separate official letter of this date which the ayun- 
tamiento transmits to you, there is enclosed a copy of the list of 
the voluntary subscriptions by the citizens of this municipality 
for the purposes expressed in article 2 of the instructions. I 
trust you will be pleased to acknowledge receipt thereof in all 
due form. God, etc. Bejar, January 26, 1828. President of- 
the commission of the depository of school funds, Refugio de 
la Garza. 2 



J There are together with this letter the notice sent to the chief of the 
ayuntamiento, the remittance to the State depository of funds, acknowl- 
edgments of receipt of books by the ayuntamiento, and a bill for the books. 
Original in the Bexar Archives. 

-A receipt of the instructions is attached to the above document, Original 
in the Bexar Archives. 



66 University of Texas Bulletin 

ORDINANCE WHICH SHALL BE OBSERVED IN THE PUBLIC 

FREE PRIMARY SCHOOL DEDICATED TO THE 

INSTRUCTION OF THE YOUTH IN 

THE VICINITY OF 

BEXAR 1 - 

CHAPTER I 

General Provisions 

Art. 1. The Holy Patron of this pious establishment shall be 
the Christ Child, and on the 25 of December, when his festival 
is celebrated, there shall be a Church function and some other 
public demonstrations of worship and of merriment, which shall 
be decided upon annually by the teacher, who shall present them 
beforehand to the Illustrious Ayuntamiento for its approbation 
or amendment. 

2. Two months previous to said festival the Teacher shall 
send an invitation, by writing, to the Parents of all the Children, 
inviting them to make a contribution to defray the costs of this 
religious act, and these shall cooperate freely, according to their 
means, with whatever amount they wish or with nothing, if they 
thus think best. 

3. Before the Hose of the eight days following this function, 
the Teacher shall present to the Illustrious Ayuntamiento a writ- 
ten statement of the amount of the contribution, and of the ob- 
jects for which it was spent. 

4. Over the principal Doorway of the house which serves for 
a School shall be placed an inscription of the following tenor 
PUBLIC FREE PRIMARY SCHOOL. 

5. The style of address of the children among themselves, 
within or without the School, shall be that of Citizen So-and-so ; 
and that which they shall use for the Teacher, as for all other 
persons their elders, shall be that of Senor. 

6. All the children for the present and while the correspond- 
ing funds are being created, shall furnish their Syllable-books, 



'Translator's Note: For the year 1828. In the translation of this 
code of rules the literal expression of the original has been followed 
or imitated as closely as possible, the changes being, for the most 
part, only in punctuation. The capitalization and parentheses are 
those of the manuscript. 



Education in Texas 67 

Books, paper, pens and the remaining necessary articles, which 
the Teacher may require of them. 

7. In the course of each year there shall be two periods dur- 
ing- which the children shall enjoy a holiday or vacation, one 
of these lasting from the Wednesday of Holy Week until Easter 
Saturday, and the other from the 23 of December to the 1st 
of the following January, inclusive. 

8. On feast days of only one cross there shall be school in 
the same manner as on all other days. • 

CHAPTER II 

The principal points upon which, has been based the con- 
tract agreed upon with the Teacher who is to serve the 
school, and- some other rides which bear relation to them. 

9. Citizen Jose Antonio Gama y Fonseca is obligated spon- 
taneously and solemnly to teach, for four years reckoned from 
the 1st of January of the present year, all the youths of this 
vicinity, under the rules that have been prescribed for him or 
which shall be in the future: to read books and manuscript; to 
write, to calculate in the first five principal rules of Arithmetic ; 
to take care that they receive some knowledge of the Grammar 
of the Language, likewise of the Doctrine of our Holy Religion 
by means of the catechism of Father Ripalda, and of the prin- 
ciples of good Morals and Manners, and other social virtues. 

10. He shall enjoy annually the salary of $500, to be paid at 
the completion of each month, executing for this purpose partial 
receipts in favor of the Illustrious Ayuntamiento, which shall 
always be the immediate administrator of the funds destined 
and collected for this object. 

11. In consequence of the preceding article, the Teacher is 
deprived of the power of 'exacting, even indirectly, from the 
pupils, any kind of payment, remuneration, or contribution; 
(not even that which is customary in other schools under the 
name of Fridays), unless their Parents desire to reward him 
spontaneously with some gift, as a token of their gratitude. 

12. He is prohibited also from selling seats, or other abuses 
of this kind, which a corrupt custom has introduced into our 
schools. 

For the first visit which must be paid to the school by the Il- 
lustrious Ayuntamiento the Teacher shall have formed a list of 



68 University of Texas Bulletin 

all the pupils, expressing their names, ages, date of entrance, 
and the stale of instruction in which they then were, and a 
blank margin to the right, in order to note the Progress and Re- 
trogression, which may be oceiring, in accordance with the 
model which will be assigned to him ; likewise showing the copy- 
books and remaining documents which may serve as evidence of 
the progress of the Children. 

The Teacher shall be likewise prepared and in agreement with 
the Curate of the place regarding the visits which the latter 
must make to the School as Priest of this parish; agreeing also 
during the time of Lent upon the days and the methods in 
which the children must make their confessions, in order to ful- 
fill their duties annually with the Church. 

Each four months the Teacher shall hold a public contest in the 
School itself, announcing three days beforehand to all the vicin- 
ity that 12 pupils (six from each Band) will compete, and in 
this contest six individuals, who shall be invited in writing, shall 
serve as synodals 1 ; he indicating to them the matters in which 
they may examine the participants, any one else in attendance 
being free to examine them also. 

The contest being concluded, the Director associated with the 
synodals, after previous information which he shall give them 
concerning the progress of the Children who have participated 
in it, shall proceed to the grading, which shall be done in three 
degrees — Superlative, Comparative and Positive, or especially 
good, very good, and good ; there being next drawn up a record, 
which shall be filed at the School, indicating those who have been 
accredited to the first, to the 2nd, and to the 3rd grade, signed 
by the synodals and the Teacher, then they shall proceed to dis- 
tribute among those of the 1st and 2nd places badges of distinc- 
tion, which they shall wear placed upon the left arm, as will 
be shown in the. first instance which occurs. 

CHAPTER III 

Concerning the internal management of the School. 

This shall commence its work promptly every day in the 
Summer from six to eleven, and from seven to twelve in the 



J That is, examiners. 



Education in Texas 69 

Winter for the mornings, and for the afternoon, in each session, 
from two until six. The period of Summer shall be reckoned 
from the 1st of April to the last of September, and the six re- 
maining months for the Winter. 

At the said hours, with the number of Children that are 
present, the Teacher shall begin School with a devout prayer 
dedicated to the Supreme Being (which shall also be repeated 
at the closing) ; assigning next the distinct occupations with 
which the pupils are to employ themselves. 

Of all these there shall be formed two parties, or Bands 
(Rome and Carthage), and in each one there shall be a Presi- 
dent, six Captains and six corporals, which positions for the 
first time shall be filled by the Teacher, according to the expe- 
rience of the Children, and afterwards they shall have the option 
of them who in the public and private Disputations are most dis- 
tinguished for their advancement and application. The cap- 
tains and corporals shall be denominated in- numerical order 
from 1st to 6th, according to which they shall take position, 
whenever they form, at the head of their bands. In order to be 
President it is at least necessary to be already writing (de del- 
gad o) 1 to know the first four rules of counting; two-thirds of 
the catechism, the same of the lessons of Spanish Grammar, and 
some others concerning the constitution which may be taught 
them. The Captains must present a half of these qualifications, 
and the corporals a third of them, all of these being under the 
judgment of the Director, upon the supposition that the instruc- 
tion which is demanded shall be perfect. 

The bands shall be divided amongst themselves into three de- 
partments; the 1st shall be composed of the captains and the 
corporals, and shall be called the Department of officers, and 
shall be immediately subject to its respective President; all 
those who are already writing shall form the second and it shall 
be under the immediate orders of the captains; and the third 
shall be composed of readers only, and the corporals shall have 
charge of it ; the number of children composing it being distrib- 
uted among them in equal parts, the same being done in the 
2nd for the captains. 



'This expression is too puzzling for an attempt at translation. 



70 University of Texas Bulletin 

The daily device that the officers shall wear, within and out- 
side the school, shall he three fluted ribbons placed crosswise 
upon the left breast and a bar of white metal which crosses the 
three bands in the middle, commencing in the 1st and terminat- 
ing in the 3rd, for the president; two arranged similarly for 
the captains and one for the corporals, both without bars, the 
Romans being distinguished from the Carthaginians in that 
the device of the first shall be sky-bine, and scarlet that of the 
second; the Presidents shall carry in addition, . for all public 
occasions, in the hand the most suitable cane possible. Each 
band shall have a white banner with the inscription in the mid- 
dle of Borne or Carthage, in conformity with the model which 
shall be given and these shall be placed in the school at the head 
of the party to which each one corresponds ; it being the duty of 
the corporals of the sixth rank to bear these banners whenever 
they have to izo in regular order outside the School, occupying the 
position which belongs to the Bearers. 

In addition there shall be a place of opprobium for the Chil- 
dren of both bands, designated by the Teacher and destined for 
the indolent or those who have relapsed into shortcomings in 
their respective subjects, which they shall not be able to leave 
until they give full proof of application and amendment, and 
with previous supplication from the commander of the squad to 
which they belong. 

The duties of the President shall be: 1st, to receive imme- 
diately the orders which the Teacher may have to communicate to 
the School ; 2nd, to cause these to be observed and properly ful- 
filled by their respective bands, as well as all those prescribed in 
this regulation, under immediate responsibility to the Director, 
for which purpose they shall make use of the captains and cor- 
porals of their command, who shall be subordinate to them in 
everything; 3rd, to preside over their respective bands whenever 
they are gathered in regular order; 4th, to reply themselves in 
the public or private disputations, whenever an individual of 
their respective bands is unable to do so; 5th, to give an account 
to the Teacher of the faults which they observe in the Children 
inside and outside of the School, correcting them themselves by 
a serious admonition, or giving notice immediately to the 



Education in Texas 71 

Teacher, who shall carry into effect these punishments in the 
best possible way, unless injustice should be manifest. 

The Department of readers shall be immediately in charge of 
the corporals, each one of these taking care to assign and hear, 
morning and evening, the Children of his Squad in the corre- 
sponding lesson and other tasks provided for them, giving ac- 
count of the result to his respective President in order that the 
latter may do the same, in turn, to the Teacher; both of these 
should themselves frequenty surprise the instructors in order "to 
see if they comply with their duties, especially when some pun- 
ishment is to be applied to anyone whatever of the Children, of 
whom his immediate director has given a bad report. 

In the same manner and under the same conditions as given in 
the preceding article, by which the department of reading has 
to be subject to the six corporals, the department of writing 
shall be subject to the six captains, and the department composed 
of the former and the latter officers to the Presidents, and each 
one of these sections shall be denominated a Squadron. 

As the next act after the invocation to the Supreme Being 

which the 1 article prescribes, each of the captains 

and corporals shall gather those of his Squadron in their respec- 
tive seats — (which shall be changed only through having ob- 
tained some promotion or degradation), and shall proceed im- 
mediately to hear their lessons, to rule paper for them, to pass 
lists, etc. 

The Teacher shall observe very scrupulously that all the of- 
ficers fulfill their respective duties — and the least failure shall 
render them liable to be deposed from the employment — and to 
correct them seriously, especially when through animosity or 
partiality they conceal or exaggerate the faults of their subor- 
dinates. 

In the morning at 9 the Children shall be permitted to go out 
to breakfast, the Teacher taking care that this interruption does 
not last more than half an hour. 



2 It was evidently intended that the numbers after 12., which are 
wanting in the Ms., should be inserted, and that this blank should 
be filled to correspond. The article referred to would thus have 
been numbered the 18th. 



72 University of Texas Bulletin 

He shall take care, also, that the special work of each depart- 
ment shall be terminated morning and afternoon an hour be- 
fore dismissal and that this interval be employed in hearing les- 
sons and in correcting exercise books. 

Three questions of Christian doctrine in the morning, and as 
many more for the afternoon, shall ibe the memory lessons which 
shall be imposed upon all the pupils, including from every 
faithful Christian, and marking each point separately by ques- 
tions up to where they begin. 

On the last Saturday in each month the Children of the first 
and second departments (one band against another) shall have, 
in the afternoon, a contest in which shall be considered the ex- 
ercises and their respective instruction in reading, and the mem-, 
ory lessons which they have learned; and the decision shall rest 
upon the judgment of the Teacher, there being an appeal from 
his judgment only to the individual vote of three residents, sim- 
ply in the branch of writing. 

The conquered party shall have to file in front of the con- 
querors who shall be seated in their places, and as each pupil of 
the former class arrives in front of the one who surpassed him, 
he shall kneel on one knee to the ground and shall remain until 
the latter shall lift him up, saying to him : Have a little more 
^application. The President only in every case, and those who 
have surpassed, although they may be of the conquered party, 
shall not perform 1his last act of acknowledgment; but they 
shall remain standing after they have filed past until the last of 
their associates shall have performed it; and the Banner of the 
conquered Rivll remain furled until they recover the lost honor. 

Challenges shall also be permitted, at one time it may be of 
one band against another, at another of the individuals of the 
same one amongst themselves, observing in the first case every- 
thing provided in the preceding article : and in the second case 
the punishment of the conquered shall be to go down to the 
place which the conqueror held, the latter going up to the place 
of the former. 

For the remaining Saturdays, in the afternoon the Children of 
the first and second Departments shall be employed only in learn- 
ing a memory lesson, the shortest possible, of Spanish Grammar, 



Education in Texas 73 

and of any other manuscript compendium that shall be formed 
for them. They shall become accustomed among themselves to 
ask and answer questions, and those of the third shall merely 
take a review of all the questions of Christian doctrine with 
which they may have been occupied during the week. 

Failure of attendance on the part of the Presidents, as well 
as that of any of the captains or corporals, shall be constantly 
provided for by the immediate successor, whether it be to ob- 
tain possession of the place, or to fill it provisionsally while the 
absent one is not in attendance. 

The day after the disputation provided for during each four 

months in article 1 the rest of the Children shall be 

subjected to an examination by the Teacher and the twelve par- 
ticipants, "- ' 1 - 11 +hose residents who wish may also be present. 
According to the greater or less amount of learning which they 
show, they shall be judged as belonging to the first, second, and 
third grade, without giving them the honorary distinction of the 
badge provided for in the cited article. 

CHAPTER IV 

Rules Whicli shall he taught to the Children for their 
conduct outside the School 

The Teacher shall especially take care to admonish them con- 
cerning the propriety and moderation with which they ought to 
comport, themselves in their homes, in the Church, on the street, 
and in all their intercourse with their elders, advising them 
that above all things, they abstain from the detestable use of 
obscene words, from disputes, and from prohibited games. 

On Fridays and Sundays of Lent in the afternoon, the 
Teacher shall take care to conduct the Children to recite the Via 
Orucis and to hear the accustomed doctrinal discourse. To do 
this he shall try to shorten the duties of the School and to ac- 
complish the same as on all the remaining days, he agreeing 
with the Curate of the place, whether before the discourse the 
Pupils may be exercised in a Catechism of Christian doctrine. 

On all Sundays and observed festal days of the year the 



'This blank should have been filled with the number 15. 



71 University of Texas Bulletin 

Children shall be assembled at the School an hour before high 
Mass, in order to attend it in regular order. 

On all occasions when the Children have to attend Church, in 
their going and coming, they may go praising God by means of 
seme devout song in which the Teacher shall instruct them, see- 
ing that all of those who can carry some book in which shall be 
explained the unspeakable mysteries of this august Sacrifice. 

For the purpose of keeping order in the ranks, the first and 
second captains of each band shall be employed, without having 
any place therein, going back and forth along their respective 
lines, to cause the best order and propriety to be observed. 

Each one of the Presidents shall have a copy of this regula- 
tion, and shall cause the captains and corporals to read it at 
least once a week, and for this purpose they shall make all the 
copies possible, the Teacher himself, moreover, taking care to 
read it aloud at least once a month. 

The Presidents for all cases which present themselves shall 
refer to what is prescribed in this regulation. 

CHAPTER V 

Penal Laws 

The punishments which shall be applied to the Children who 
may commit some fault shall be; to put them on their knees in 
the School ; to keep them under arrest in the same on holidays ; to 
employ them in sweeping and in other cleaning for a whole 
week, no more; to assign them to the seat of opprobrium until 
they recover their lost standing; to imprison them in a room or 
dungeon, which shall be called the warehouse but they shall not 
pass the night in it. In case any pupil shall be convicted of rob- 
bery, within or outside of the School, he shall be punished with 
six stripes, the same penalty being inflicted upon those who re- 
lapse into their faults in lessons or writing after having been a 
week in the place of opprobrium. 

The Teacher shall take care that all punishments be applied 
to the Children with all possible forbearance and equity, in pro- 
portion to the nature of the faults and persistence therein. 



Education in Texas 75 

Failures in reading, in the copy-books, in accounting, or 
memory lessons shall be regarded as relapses, if they are re- 
peated within the space of one week. 

It remains under the immediate responsibility of the Teacher 
alone to look out for the most punctual observance of this regu- 
lation, as also the only object to which everything is directed, 
and that is, the advancement and instruction of all the Children. 

The immediate fiscal and Judge, who at the same time, shall 
observe the conduct of the Director and apply to him the punish- 
ment which he may merit according to his faults, shall be the 
Illustrious Ayimtamiento frqm whose sentence appeal can be 
made only to the Citizen Chief of this Department, 

The only punishments which can be applied to the Director 
either for the infraction of any article of this regulation, or for 
any other grave fault, relative to his ministry, of which he may 
be convicted, shall be: 1st, a discount from the salary of the 
next month, and 2nd, the absolute deprivation of his office, a 
previous succinct report to this effect having been approved by 
the Citizen Chief of this Department. 

The pecuniary penalty mentioned in the preceding article 
shall not be less than one dollar, nor exceed six. 

This ordinance, before being signed by the Illustrious Aijunta- 
miento, shall be laid before the Teacher of the School, in order 
that, within the limit of three days, having examined the whole 
in detail, he may be able to make criticisms which occur to him, 
which shall either be answered, if they are not thought reason- 
able, or shall be made use of by addition to or amendment of, 
any of the rules prescribed by the commission empowered for 
this purpose. 
Eefugio de la Garza. 1 

Juan Martin de Beramendi. 
Jose Maria Balmaceda. 

Being carefully informed of what is contained in the fore- 
going Ordinance, which is to serve for the internal Government 
of the Public primary School of this City, which is under my 
control, and not having any reflection to make, I am in agree- 



'The handwriting of this article, as well as that of the following 
address, seems to be that of Refugio de la Garza. 



76 University of Texas Bulletin 

ment with whatever is prescribed in it and will take care that 
it be put in practice and properly complied with. 

Jose Anto. Game y Fonseea. 
San Fernando de Bexar, 13 of Mch., 1828. 

The foregoing Ordinance having been put under general dis- 
cussion, it has been approved in its entirety by this Ayanta- 
miento. 

Capitular Hall of San Fernando de Bejar. 
13 of March, 1828. 
Ramon Musquiz. Juan Martin de Bermendi. 

Jose Maria de la Garza. Manul. Flores. 

Juan Angl. Seguin. Victoriano Zepeda, 

, Sec'y ad Interim. 

The education of youth has always been one of the most im- 
portant bases for the felicity of Peoples, and the prosperity of 
their Government. The Mexican, who, unfortunately, groaned 
under the despotic and savage sway of the ambitious sons of 
Iberia, has never ocupied himself in perfecting this most im- 
portant institution, which would already have placed him on 
a level with the most cultured nations. The currupt Govern- 
ment at Madrid only cared to suck up, by whatever means with- 
in its reach, the precious resources of the Americas, and stu- 
diously and craftily to retard the growth of enlightenment. Noth- 
thing. in truth, was more natural than this iniquitous behavior, 
since the first, increasing its riches, satisfied all the desires of 
its vain and haughty natural caprice; and the second secured 
it in the domination of the richest and most productive of its 
evil-acquired patrimonies, blinding us to the important knowl- 
edge of our Native rights. 

Nevertheless, the natural empire of the reason, which some 
day comes to prevail, and the characteristic qualities of all the 
children of this soil, in union with other joint causes, broke fi- 
nalty the ominous chain which bound us, elevating us to the rank 
of free men, independent of any other. In spite of this, and of 
the paternal beneficent institutions of our Present Government, 
to which belongs the establishment of primary Schools, the spirit 
of discord which still endures amongst us has impeded it from 
occupying itself with this, as with other matters that undoubt- 



Education in Texas 77 

edly make for the aggrandizement of the Nation, all its efforts 
being employed in assuring onr internal and external tran- 
quility, which is doubtless the corner stone of the social 
edifice. 

In spite of all, and in virtue of the ardent desires of the 
towns, there are already seen in most of them educational estab- 
lishments for the youth who will form the future generation, 
which will come to secure completely Mexican Liberties; and 
among these, although one of the most distant from the center, 
of the least populous, of the poorest in moneyed citizens, and 
finally, vexed by the terrifying hostilities which it has suffered 

from the savages through long periods of time, 1 has 

just made a heiroic and extraordinary effort, stirred up by sev- 
eral of its citizens, and by that worthy citizen, General Anasta- 
oio Bustamente, to make a collection amongst all its citizens, 
amounting to six hundred dollars annually and lasting for four 
years, in order to carry to accomplishment the desire which in 
all time it has had for the education of its youth. 

Yes, unfortunate Bejar, truly worthy of a better fate, you 
are the one which has just given so heroic a testimony of benef- 
icence in spite of your notorious poverty; with difficulty do 
you commence to lift yourself from the abject state into which 
you had sunk, thanks to the presence of that philanthropic Gen- 
eral and the aid of the Supreme Federal Government. 

Be filled, then, citizens of Bejar, with the ineffable satisfac- 
tion which is produced by the important services directed to the 
good of your children, of society in general, and of the adofred 
County to which we belong, awaiting the glorious day in which 
you may either experience the fruit of your sacrifices for this 
pious establishment, or in which your ashes may receive a new 
being, through the eulogies which, without doubt, your posterity 
will lavish upon you. 2 



ir rhe name Bejar was omitted here in the Ms. 

2 Cox, I. J., Educational Efforts in San Fernando de Bexar. In Quar- 
terly, Texas State Hist. Assoc, Vol. 0, 52-63. The original cannot be 
found. 



78 University of Texas Bulletin 

INVITATIONS TO THE MACLURE SCHOOL 

Under this date I communicate the following to the Ayunta- 
mienios of Coahuila. 

Transmitted to the ayunta- "A new establishment for the edu- 
mientos of this department cation of youth under the direction f 

Mr. McClure has just been founded in 
the State of Illinois in the Republic of the North. The annual fee 
for each child will be one hundred dollars with an additional fifty 
dollars for transportation expenses. Convinced that scientific 
education is the base of all well regulated society, and that it is 
the only powerful and efficient means of giving worthy citizens to 
the country who shall render her valuable services in all the 
branches of public administration, the government ardently de- 
sires that some of the parents who are able to defray this 
small expense shall give their sons a complete education, sending 
them to the aforesaid establishment. It is understood that the 
government will take them under its protection, and will ef- 
flectively recommend them to the consul of the United States of 
America who resides in the port of Matamoros to arrange for 
their transportation with all possible safety and convenience. 
They shall also be given a recommendation to the president of 
the establishment for their welfare and better instruction in 
the school. The desires of the government are not limited to 
what has been expressed. It aspires to much more in this im- 
portant matter. It contemplates sending from this state to that 
establishment five young men, orphans of reduced circum- 
stances, at least one from each department, whose expenses shall 
be paid out of the public funds. The government is convinced 
that no better use can be made of these funds. In virtue thereof 
I charge you particularly to encourage such parents of that 
municipality as may wish to give a complete 1 education to their 
children to send them to the said establishment. And, in order 
to carry out the purpose of the state government in defraying 
the expenses of five young men, I would ask you to inform me 
in detail with regard to orphan children of reduced circum- 
stances who may live in your district. You will submit a re- 
port giving their names, their ages, and a statement of who were 



Education in Texas 79 

their parents, indicating whether they rendered any service to 
the country, what they were, and the time at which they were 
rendered. With this knowledge the government will be able, to 
choose from among them such as, in its judgment, should be 
sent to the establishment of public education. 

The satisfaction of the government will be complete when by 
this means it sees its efforts crowned with success. In order to 
accomplish its purpose, it counts on your efficient cooperation in 
a matter to which it has given its serious attention. For this 
purpose I communicate the same to you, promising myself the 
most happy results and the earliest possible reply to this com- 
munication. ' n 

And I transmit the same to you for your information and 
subsequent actions thereof. 

God and Liberty. Leona Vicario July the 5th, 1828. 

Viesca. 

J. Antonio Padilla. 
Srio. 

To the Chief of the Department of Bexar. 2 

Transmitted to the constitu- "With your official letter No. 316 of 

tional ayuntamiento of this the 13th ult ; j have reC eived the com- 

city on Nov. 15. 1928. ... 1 ■, -, , i + t,„ 

munication addressed to you by the 

ayuntamiento of that city with regard to parents who are able 

to meet the expense of educating their children in the new 

establishment in the State of Illinois, and the list of destitute 

orphans, who may be sent to the said establishment at the expense 

of the government. In view of the doubts which have occurred 

both to that honorable corporation and the well-to-do parents of 

•children, I must say: 

First, if with a hundred dollars a year their education, their 

board, and their necessary clothing is provided, the government 

believes that, in accordance with the urgent proposal made to it 

on this project by Mexico [a number of pupils can be 

secured. ( ?)]. 



\A. copy of this was sent to the ayuntamiento of the city by Ramon 
Musquiz, Chief of the Department. In place of "Illinois", he wrote 
"Missouri." Undoubtedly the school was that established by 
William Maclure in 1825 in connection with Robert Owen's Utopian 
colony at New Harmony, Indiana. 

2 Original in the Bexar Archives. 



80 University of Texas Bulletin 

Second, that the children of your department may go to New 
Orleans either by land or sea and there present themselves to 
the person designated by the government that they may be con- 
ducted, with all convenience and safety, to the State of Illinois. 

Third, it is understood that the parents of children have the 
right to withdraw them from the establishment at any time 
when they may deem it convenient, be the reason what it may 
for so doing. The government will take upon itself to inform 
the president of the institution in regard to this point- 
Fourth, when the convenient time for the departure of the 
children of that department for New Orleans arrives, it shall be 
arranged that a person satisfactory to the parents be commis- 
sioned to conduct the children to New Orleans and from there 
to Illinois until they are placed in the institution. It would 
be advisable that besides the instructions which the parents 
may give him, this commissioner should take the payment for 
the first year, a hundred dollars for each child, and in addition 
the sum which may be deemed necessary for expenses by the 
parents whether this be fifty dollars for each child more or less 
according as it may be considered necessary. 

As this project as regards the expense proposed to be made 
from the funds of the state for the education of five orphan 
children of reduced circumstances was submitted by the govern- 
ment to the knowledge of the honorable congress in its last ses- 
sions of September of the present year and the honorable leg- 
islature did not make any decision, it is absolutely necessary to 
await the results of the next sessions of the coming year. With 
their approval, the measures necessary for the complete success 
of an object to which the government has given it's full atten- 
tion will be taken. 

All of which I communicate to you for your information and 
consequent actions therefrom, in reply to the said official com- 
munication. 

God and Liberty. Leona Vicario October 28th, 1828. 

Viesca 

J. Antonio Padilla. 
Srio 

To the Chief of the Department of Bexar. 1 



Original in the Bexar Archives. 



Education in Texas 81 



18,32, Dee. 19. 



MEMORIAL OP THE INHABITANTS OP BEXAR TO THE HON- 
ORABLE CONGRESS RELATIVE TO THEIR GRIEV- 
ANCES AND SUGGESTING MEASURES 
FOR THEIR RELIEF 

Many have been the demands of these Towns for the erection 
of primary schools at the expense of the State, in view of the 
poverty of the inhabitants and their meagre municipal funds, 
and never have they been heeded. They have been pacified only 
by the dictation of laws in which specious regulations have been 
proposed, but always with the understanding that they [the 
schools] be paid for with the funds of the Ayuntamientos, or 
that the amount necessary for the support of said schools be 
raised from the tuition charged the students. This, because it 
has proved impracticable, has placed the inhabitants of this 
city under the hard necessity of making up the meagre salary 
of twenty-five dollars monthly which is paid to a primary school- 
teacher, the only one they have. By the paltriness of this 
amount one can infer what class of men there will be, and what 
advantages can be derived from him in fulfilling the obliga- 
tions of his position to which, without doubt, the youth owes the 
foundation of their best civil and moral virtues, and the State its 
brightest hopes for the future. 

Art. 8. That there shall be expended by the Treasury of the 
State the amount necessary for the endowment of a primary 
school in the Towns of this department, while they [the towns] 
raise funds to support it themselves. 1 

A SCHOOL REPORT 

FREE PRIMARY SCHOOL OP THE CITY OF BEJAR, 
Department of Texas 

For the first and second halves of the year 1832. 
.Report giving the number of children in charge of the under- 
signed, statins the number of those who can read the first chart 



translated by Katherine Elliott. Original among the Nacogdoches 
Papers. 



82 



University of Texas Bulletin 



or books, those who begin to write, those who write fairly well 
and those who write very well. 

The students attending are 108, distributed as follows: 



1st Chart 



2nd Chart 



39 20 

'July il report. 

60 1 . 30 



Books 



28 



Beginners 
in Writing 



Fair 

Writers 



Good 
Writers 



Total 



108 
118 



NOTES:— 

1st : — No lessons in grammar or geography have been given be- 
cause the books ordered from New Orleans and other places by 
the Ay tint ami en to have not been received. 

2nd: — As to arithmetic, those in addition are 12, those who 
add well and begin to subtract whole numbers 24. and those 
who add and subtract fractions 12. 

This is a copy of report presented Dec. 31st, 1832. 

Juan F. Bucheti. 

(On the back of the Report.) 

On Dec. 31st, 1832. 

The pupils number 100, distributed as follows: — 



1st Chart 


Books 


Beginners in 
Writing 


Fair Writers 


Good Writers 


44 


56 


29 


15 


12 



As to arithmetic : Those in addition tables are 29, those be- 
ginning to subtract 13, those adding fractions 11. those divid- 
ing fractions 3. 

July 10 ; 1832. 

N. B. As to Arithmetic : Those in the addition tables 20, 
those subtracting and multiplying whole numbers 24, those di- 
vidine fractions 4. 1 



'Translated by Miss Josephine Ella Castafieda and Mrs. Hattie 
Austin Hatch ?r. 



Education in Texas 83 

SUMMARY OF SCHOOL STATISTICS FOR BEXAR 

Children 

Date Pop. 7 to 16 Pupils Schools Sources of Information. 1 

1826 1,625 325 Census, July 31, 1826. 1 

1828 1,125 326 . 150 1 Census, April 15, 1828. 1 
1,528 318 147 1 Census, Dec. 31, 1828. 1 

1829 1,501 319 102 1 Census, June 30, 1829. 1 
1,524 319 50 1 Census, Dec. 31, 1829. 1 

1830 1,621 330 110 1 Census, June 30, 1830. 1 
1,621 330 110 1 Census, Dec. 31, 1830. 1 

1831 1,634 341 114 1 Census, June 30, 1831. » 
1,634 341 108 1 Census, Dec. 31, 1831. 1 

1832 1,637 326 176 1 Census, June 30, 1832. 1 
1,677 326 176 1 Census, Dec. 31, 1832. 1 

108 1 School Report, Dec. 31, 1832. 2 

1833 1,559 333 85 1 Census, June 30, 1833. 1 

60 1 School Report, Dec. 31, 1833. 2 

1834 1,559 372 99 1 Census Report, Dec. ?1, 1834. 2 

TEACHERS IN SAN ANTONIO DE BEXAR 3 

Jose Antonio Gama y Fonseca, January 1, 1828 to October, 
1829. 4 

Victoriana Zepeda, October, 1829 to January 31, 1830. 

Francisco Rojo and Bruno Huizar, January 31, 1830 to Jan- 
uary 1, 1831. 

Juan Francisco Buchetti and Bruno Huizar, August, 1831 to 
1833. 

Bruno Huizar, 1833 to January 1835. 

EDUCATION AT GONZALES 

MINUTES OF THE AYUNTAMIENTO 

There was a school at Gonzales in 1833. Wlhen it began or how 
long it lasted is uncertain. Almonte does not report a school in 1834. 



Among Nacogdoches Papers. 
= Found in the Bexar Archives. 

3 Cox, I. J., Educational Efforts in San Fernando de Bexar. In Quar- 
terly Texas State Hist. Assoc., Vol. 1, 45-47. 

4 His contract called for four vears. See ordinance March 13, 1828. 



84 University of Texas Bulletin 

BUCHETTI EMPLOYED AT GONZALES 

Arte. 15th 

Jurisdiction of Gonzales May 28th 1833 

The Ayun T0 . met in ordinary session present the Alcalde 1st 
Regd & Sindico. 

Resolved that John Francis Buetti 1 be employed by the 
Ayunt° insted of Joseph R. Bedford, Deed., as translator 
& Secatary and to teach a Spanish School for the term of six 
months commencing the 1st of June present and be under the 
controle & protection of the Ayunt for which survices we are to 
pay him two hundred & twenty two Dollars out of the munic- 
ipal funs. 

J. B. Patrick, Pres. 
Almond Cottle Sindico. 2 

Jurisdiction of Gonzales, July 10th 1833. 

Arte. 19th. 

Resolved that John Francis Buchetti in respect of his pe- 
tion are hereby discharged from his employment as Translator, 
Secatary and School-teacher — which petion be fild in the office. 

J. B. Patrick, President. 
Almond Cottle Sindico. 3 

August 26, 1833. 

4th. This Ayunt° — contracted with Dn Francisco Buchetti 
to serve them in the joint capacity of Secretary, Translator, and 
' Master of a public school of the Castillian language at the rates 
of thirty-seven dollars per month, when displeased at the con- 
tinual political altercations of the parties, he solicited his retire- 
ment and obtained the same. 

5th. Whilst the said Buchetti was employed he made some 
translations and asked the Alcalde for more work which was 
not given him. . . . 



x For Buchetti. 

2 Rather, Ethel Z., DeWitt's Colony. University of Texas Bulletin, 
No. 51, 88-89; also in Quarterly Texas State Hist. Assoc. Vol. 
VIII, 182-183. 

3 i bid. 



Education in Texas 85 

7th. For not employing a translator, or, school master of 
the Castilian language the Ayunt pleads want of funds and 
will not make use of any means to raise the same. 

Silas Fuqua, 1st Regidor. 

To the Political Chief. 1 

ENACTMENTS OF THE FEDERAL. GOVERNMENT 

FEDERAL CONTROL AND THE ESTABLISHMENT OF A 
NORMAL SCHOOL 

OFFICE OF THE SECRETARY OF STATE 

Department of the Interior 

The following decree Jias 
been transmitted to me 
through the office of the 
Secretary of State. 

His Excellency, the Vice-President of the United Mexican 
States has been pleased to send me the following decree. 

' ' The Vice-President of the United Mexican States in exercise 
of the supreme executive power makes known to the citizens of 
the republic the following decree passed by the general con- 
gress. 

"The government is authorized to regulate public instruction 
in all its branches in the federal district and territories. To this 
end a fund shall be created from all those held by the present 
institutions of learning, and furthermore such additional sums 
as may be necessary may be spent for this purpose. 

Jose Maria Berriel, president of the chamber of deputies, 
Jose Ignacio Herrera, president of the senate, Ignacio Alvarado, 
secretary deputy, Antonio Pacheco Leal, secretary of the sen- 
ate. 

Therefore I command this to be printed, published, circu- 
lated, and given due observance. Palace of the Federal Govern- 
ment, Mexico City, October 19th, 1833. Valentin Gomez Farias. 
to D. Carlos Garcia." 



1 Among the Nacogdoches Papers. 



86 University of Texas Bulletin 

I transmit the same to you for your information and subse- 
quent action. 

God and Liberty. Mexico, October 19 1833. 

Garcia. 
And I transmit it to you for your information and subsequent 
action. God and liberty. Bejar, February 15, 1834. 

Gonzales. [Rubric] 
Circular sent to the alcaldes of Bejar, Goliad, Austin. Lib- 
ertad, Nacog. and Gonzales. 3 

OFFICE OF THE SECRETARY OF STATE 

Department of the Interior 

NUMBER 5 6 

His Excellency, the Vice-President of the United Mexican 
States has been pleased to send me the following decree. 

The Vice-President of the United Mexican States in exercise 
of the supreme executive power and the power granted him 
the 19th instant by law of the general congress, decrees: 

Art. 1. That a normal school be established for those pre- 
paring themselves to give primary instruction. 

Art. 2. A similar school shall be established for women pre- 
paring themselves to give primary instruction. 

Art. 3. A primary school for children shall be established in 
each of the six institutions of higher education, and they shall 
bo separated from each other as much as circumstances will 
allow having if possible, a separate door of entrance ; but they 
shall be under the supervision and care of the president or vice- 
president of the institution. 

Art. 4. Reading, writing, arithmetic, and the political and 
religious catechisms shall be taught in these schools. The teacher 
shall enjoy a salary of seventy-five dollars a month, but no 
quarters will be furnished. 

Art, 5. The Board of Directors shall establish in each parish 
of the federal city where schools of higher education do not al- 
ready exist similar primary schools for children in which read- 

'Original in the Bexar Archives. 



Education in Texan S7 

ing, writing, arithmetic and the two aforesaid catechisms shall 
be taught. 

Art. 6. The same shall be done in each parish and sub-parish 

of the federal district. 

Art. 7. The Board of Directors shall also establish subse- 
quently in each parish of the different cities in the federal dis- 
trict a primary school for girls in which they shall receive the 
same instruction as outlined in article 4, and in addition they 
shall be taught to sew, embroider, and other useful occupations 
of their sex. 

Al-t. 8. In addition to these primary schools which shall be 
supported from the funds appropriated for public instruction, 
the Board of Directors will be authorized to see that the obli- 
gations which some parishes and religious orders have con- 
tracted for the establishment of certain schools at their own ex- 
pense be complied with, and these shall not be considered as 
free schools. 

Art. 9. The Board of Directors shall have power to impose 
a fine of sixty dollars on each parish or religious order thus 
bound to support a school if it fails to do so, and the said 
sum shall be used to establish the said school in the place 
agreed upon, and which, in the judgment of the Board of Di- 
rectors is best suited for the purpose. 

Art. 10. The salary of the teachers of the two normal schools 
shall be one hundred dollars a month, with quarters furnished. 
The teachers shall give instruction in the mutual method of 
teaching, and they shall teach the Castilian grammar, elements 
of logic, elements of ethics, arithmetic, and both the political 
and religious catechisms. 

Art. 11. The teachers of primary instruction shall receive a 
salary not exceeding sixty dollars a month, and they shall be 
furnished a school house. 

Art. 13. iThe method of mutual instruction shall be put in 
practice in the primary schools established by the Board of Di- 
rectors as soon as the necessary teachers can be secured. 

Art. 14. In those supported by parishes and religious orders, 
all endeavors shall be made for the gradual adoption of the same 
method. 



88 University of Texas Bulletin 

Art, 15. All the schools of the district except the institutions 
of higher learning shall be under the immediate supervision of 
a school inspector who will look after them, make frequent visits 
of inspection, and will report to the Board of Directors any- 
thing requiring their decision. 

Art. 16. The school inspector shall be apointed by the gov- 
ernment from a list of three submitted by the Board of Direc- 
tors, and he shall receive a salary of 2,000 a year. 

Art. 17. In each school there shall be an annual public ex- 
amination presided over by the school inspector, and at such a 
time the" prizes designated by the Board of Directors shall be 
awarded to those showing special advancement. 

Art. 18. The teachers for the different schools shall be ap- 
pointed this time by the Board of Directors at the proposal of 
the presidents of the schools, but in the future they shall be ap- 
pointed by competitive examination. 

Art. 19. The boys and girls who, due to their poverty, de- 
serve to be helped with the necessary school supplies in order to 
be able to attend school, shall receive such help at the discretion 
of the said Board of Directors, and the previous recommendation 
of the inspector of schools. 

Therefore I command this to be printed, published, circu- 
lated, and given its due observance. Palace of the Federal Gov- 
ernment, Mexico City, October the 26th, 1833.— Valentin Gomez 
Farias — to D. Oarlos Garcia." 

And I transmit the same to you for your intelligence and sub- 
sequent action. 

God and Liberty. Mexico, October 26, 1833. 1 

Garcia [Rubric] 

Decree No. 48 

OFFICE OF THE SECRETARY OF STATE 

Department of the Interior 

The following decree has 
been transmitted to me 
througl'c the office of the 
Secretary of State. 

His Excellency, .the Vice-President of the United Mexican 
States has been pleased to send me the following decree. 



Original in the Bexar Archives. 



Education in Texas 89 

' ' The Vice-President of the United Mexican States, in exercise 
of the supreme executive power in virtue of the power granted 
to him under this date by law of the general congress authoriz- 
ing him to regulate public instruction in the federal district 
and territories, decrees: 

Art. 1. That the University of Mexico be abolished and a 
general board of directors of public instruction for the federal 
district and territories be established. 

Art. 2. The said Board of Directors shall be composed of the 
Vice-President of the republic and six directors appointed by 
the government. The Board of Directors shall elect a Vice- 
President from among its members to act in the absence of the 
Vice-President of the republic, or whenever he shall be in charge 
of the supreme government of the nation. 

Art 3. The Board of Directors shall have the care and super- 
vision of all property used for public instruction, the deposi- 
tories of works of art, antiquities, and collections of natural 
history, all public funds appropriated for public instruction and 
all that appertains to it and is paid by the government. 

Art. 4. The Board of Directors shall appoint the professors 
in all the different branches of instruction. 

Art. 5. The first time the appointments will be made from 
lists of three submitted by the superintendents of the different 
schools. In the future they shall be made by competitive exam- 
ination according to the form and method prescribed by the 
regulations. 

Art. 6. The Board of Directors shall see that the teachers of 
schools attend with all punctuality and religiously discharge 
their respective duties; and that the corresponding deductions 
be made from their salaries for absences. 

Art. 7. It shall make all the regulations with regard to the 
instruction and economic management of each school ; shall put 
them into execution; and immediately after irender a report to 
the supreme government. 

Art. 8. The degree of doctor awarded by the different insti- 
tutions will be conferred with public ceremonies by the Board 
of Directors, who will draw up the corresponding diploma and 
send it to the person to whom it has been awarded. 



90 University of Texas Bulletin 

Art. !). The Board of Directors shall see that the funds ap- 
propriated for public instruction are distributed and spent -ac- 
cording to the disposition made by the laws and regulations 
and that the administrator pays promptly the salaries of his 
employees. 

Art, 10. The Board of Directors shaill select the books for the 
elementary instruction and furnish copies of same, using what- 
ever means it may deem proper. 

Art. 11. Every two years, before the opening of schools, it 
shall consider whether the texts adopted shall continue in use or 
whether they shall be changed. 

Art, 12. It shall present to congress through the minister of 
public instruction an annual report of the state of public in- 
struction. 

Art, 13. It shall propose to the government in case of va- 
cancies a list of three suitable candidates to fill the vacant of- 
fices of president and vice-president of institutions. 

Art. 14. It shall inform the government whenever presidents, 
vice-presidents, and professors fail to discharge their duties 
that it may exercise, if it deem it proper, the prerogative of 
section 20, article 110 of the constitution. 

Art, 15. It shall dictate, after hearing the presidents of 
schools, the most efficient measures for the regular attendance of 
the pupils and the performance of their duties. 

Ait. 16. The Board of Directors shall appoint one from 
among its members to perform the duties of secretary. 

Administration of Funds Appropriated for Public 
Instruction 

Art. 17. There shall be an Administrator General of the 
funds for public instruction, who will have in his charge the 
collection and distribution of the funds designated for this 
purpose. 

Art. 18. He shall be assigned a certain percent out of the in- 
come collected from the funds under his management, and he 
will personally meet all the expenses of administration. 

Art. 19. All the funds heretofore appropriated for public 



Education in Texas 91 

instruction, and all those that the government may assign in the 
future for this purpose shall constitute the fund for public in- 
struction. 

Art, 20. The present administrators of funds of the different 
schools shall continue to perform their duties under 'the super- 
vision and direction of the Administrator General, and they 
shall have charge of the funds of their establishments under the 
securities already furnished. 

Art. 21. The Administrator General shall be appointed by 
the government out of a list of three presented by the Board of 
Directors, and he shall hold his office working in conjunction 
with the general treasury of the nation. 

Therefore I command that this be printed, published, circu- 
lated, and observed. Palace of the federal government, Mexico 
City, 19th day of October, 1833. Valentin Gomez Farias.— -to 
D. Carlos Garcia." 

I transmit the same to you for your intelligence and subse- 
cruent action thereon. 

God and Liberty. Mexico, October 19, 1833. 

Garcia. 

And I transmit the same to you for your intelligence, publica- 
tion, and subsequent action thereof. 

God and Liberty. Bejar April 20th, 1834. 

Ramon Musquiz [Rubric] 

Circular to the Alcaldes of this department. 1 

ALMONTE'S REPORT 
COLONEL JUAN NEFOMTTCENO ALMONTE 

In the spring of 183 4 the Mexican Government sent Colonel 
Almonte to Texas to report on its condition. His mission grew out 
of the claim put forth by the Texans that they were properly qual- 
ified to constitute a state. 

"In 1834 there were four municipalities, (in the department 
of Bexar) with the following population respectively — San An- 
tonio de Bexar, 2,400; Goliad, 700; Victoria, 300; San Patricio, 

"Original in the Bexar Archives. 



92 University of Texas Bulletin 

600, the latter an Irish settlement. Thus the Mexican popula- 
tion had declined from 6,400 to 3,400 between 1806 and 1834. 

There is one school in the capital of the department, sup- 
ported by the municipality, but apparently the funds are so re- 
duced as to render the maintenance of even this useful estab- 
lishment impossible. What is to be the fate of those unhappy 
Mexicans who dwell in the midst of savages without hope of 
civilization? Goliad, Victoria, and even San Patricio are sim- 
ilarly situated, and it is not difficult to foresee the consequences 
of such a state of things. In the whole department there is but 
one curate ; the vicar died of cholera morbus in September last. 

The capital of the department of the Brazos is San Felipe 
de Austin, and its principal towns are San Felipe, Brazoria, Mat- 
agorda, Gonzales, Harrisburg, Mdna and Velasco. The dis- 
trict containing these towns is that generally called 'Austin's 
Colony. ' The following are the municipalities and towns of the 
department, with the population : San Felipe, 2,500 ; Columbia, 
2,100; Matagorda, 1,400; «>cn.ral-s, 900: Mma. I.V'0; total 
8,000. 

In this department there is but one school near Brazoria 
erected by subscription, and containing from thirty to forty 
pupils. The wealthier colonists prefer sending their children 
to the United States, and those who have not the advantages of 
fortune care little for the education of their sons, provided they 
can wield the axe and cut down a tree or kill a deer with dex- 
terity 

The department of Nacogdoches contains four municipalities 
and four towns. Nacogdoches municipality has a population of 
3,500; that of San Augustine, 2,500; Liberty, 1,000; Johns- 
burg, 2,000; the town of Anahuac, 50; Bevil, 140; Teran, 10; 
Tanaha, 100; total population, 9,900, in which is included about 
1,000 negroes. 

There are three common schools in this department; one in 
Nacogdoches, very badly supported, another at San Augustine, 
and the third at Johnsburg. 



Education in Texas 93 

Texas wants a good establishment for public instruction 
where the Spanish language may be taught, otherwise the lan- 
guage will be lost. Even ,at present English is almost the only 
language spoken in this section of the republic. ' n 

PART II— ANGLO-AMERICAN EDUCATIONAL EFFORTS 

BEGINNING OF THE ANGLO-AMERICAN SCHOOLS 

The materials dealing with the first Anglo-American educational ef- 
forts are found in advertisements in the few early newspapers, in 
letters among the Austin Papers, and in various reminiscences of 
pioneer settlers. The list of the schools conducted, gathered from many 
sources, probably does not contain all that were taught. It must, 
moreover, be remembered, in reading these materials, that much of the 
teaching at this time was done in the homes by the' parents, and also, 
that the more wealthy inhabitants usually sent their children for train- 
ing back to the States to schools which eagerly sought their patronage. 
The question of what was the first Anglo-American school in Texas can- 
not be answered positively from the data so far collected. It is clear, 
however, that the statements of historians in regard to this point 
have invariably been in error. 

NOTICE IN ST. LOUIS ENQUIRER 
September 25, 1819 

THE TEXAS' REPUBLICAN 

We received by the last mail a newspaper under the above 
title, the first Number dated Nacogdoches, August 14th, 1819. 
In the first year of the Republic of Texas. 

It is principally occupied with the military and political 
operations going on in that quarter. 

We observe, however, some advertisements which display a 
disposition to improve the condition of the country. One which 
^quests the citizens of the town and neighborhood to meet at 
we house of Mr. Cargill to choose trustees of a seminary of 
leVrning; another which shows that a Mr. Madden has engaged 
inWiilding a grist and saw mill. 

These are strange things to be seen in a Spanish town, a news- 



'Lvm, John J., Reminiscences of Fifty Years in Texas, 97-103. 
\ 



94 University of Texas Bulletin 

paper called Republican ; the citizens attending to the establish- 
ment of a school ; mills building. 1 

A TEACHER'S CONTRACT 

Natchidosche Articles of an English School to be taught m 
this place by Thomas Jefferson Garner. We the under sub- 
scribers do obligate ourselves to find said T. J. Garner a Sivfi- 
cient House to Teach in, his Board Such as Common diet and 
Lodging — Firewood and fuel for the Benefit of the School and 
one dollar & fifty Cents a month for Each Scholar two thirds 
of which may be discharged in young Cattle, (Bulls Excepted) 
at Market price the balance of one third will be discharged in 
Cash — the Said Garner by his Father will continue the School 
the full term of twelve Months. Every Saturday & Sunday Ex- 
cepted and Said T. J. Garner, by his father will keep good 
order in his School with & by the assistance of the Parents and 
Guardians of the Said Children who is committed to his charge, 
.the School to Commence as soon as the Said Thomas Jefferson 
Garner may or can Arrive in this place from the U. S. of 
America — & the Said Garner by his Father Jas. Garner will use 
the utmost of his Abilities to Teach their Children in Spelling, 
Reading writing & Arithmetic as his abilities admit & they 
capable to Receive in Testimony whereof we the under Sub- 
scribers have Set our different hands with the number of 
Scholars annexed hereto Any widow in indigent circumstances 
— under good Report of her Neighbors — her child or Children 
Shall and will be taught grattis — whereof we have Interchange- 
ably Set our Different hands this 29th Day of Nov. 1825. 

James Garner on the part 
of his son T. J. Garner. 
N. B. if at the end of one quarter of a year the Employers shall 
not approve of the conduct of Said T. J. Garner, the School will 
be dismissed after paying Said Garner for his time 2 



'Winkler, E. W., The First Newspaper in Texas. In Quarterly Texts 
State Hist. Assoc., Vol. VI, 162-163. 

2 James Garner practiced law in Miller County, Arkansas, and alsf at 
times in Nacogdoches, Texas. In July, 1826, "Jefferson Garner" was 
cited to appear as a witness before the court. It would appear rom 
this that the contract was complied with. 

Among the Nacogdoches papers. 



Education in Texas ' 95 

FIRST SUNDAY SCHOOL IN TEXAS 
THOMAS J. PILGRIM 

Pilgrim reached Texas late in the year 1828. He settled at San 
Felipe where he set up school in 1829. He taught in Texas many years. 

In the Fall of 1828, I started from the western part of the 

State of New York for Texas A gentle breeze and fair 

wind sprang up, and soon we were off the mouth of the Colorado, 
and within two miles of Matagorda, which then contained two 
families, who had lately moved down and commenced a set- 
tlement 

I soon engaged in teaching 1 and succeeded in a short time 
in raising a school of about forty scholars, mostly boys, with 
expressive ami intelligent countenances who were easily con- 
trolled, and some of whom gave indications of future greatness 
and usefulness. Contemplating, in imagination, what Texas, 
from its great natural advantages, must soon become, I felt the 
necessity of moral and religious, as well as intellectual culture, 
and resolved to make an effort to found a Sunday-school. 
Notice was given through the school, that on the following Sun- 
day an address would be delivered on the subject and I was 
gratified to see at the time appointed, a large and respectable 
audience assembled. .An address was delivered; they seemed to 
feel interested, and on the following Sunday a school was organ- 
ized of thirty-two scholars. There were not lacking intelligent 
gentlemen and ladies to act as teachers, but of the other appu^ 
tenances of a well-regulated Sunday-school we had none. This 
lack was supplied, as best it could be, by contributions of the 
citizens of such books as they had, and by the oral instructions 
of superintendents and teachers. 

The next Sunday found the school under way, and giving 
promise of great success. A lecture was delivered each Sunday 
morning, intended for both old and young; and to hear these 
lectures, people came from the distance of ten miles; and as 
this town was the capital of the colony, many people were some- 
times in attendance from different parts of the country, who 



'At San Felipe de Austin. 



96 University of Texas Bulletin 

carried the good seed here sown all over the colony. This school, 
and these morning lectures, were continued regularly, and well 
attended until a difficulty occurring between some intelligent 
Mexicans visiting the place from the interior and some citizens 
growing out of a law-suit which was decided against the Mexi- 
cans, the empresario deemed it prudent to discontinue them for 
a time, as these Mexicans could not be decived in relation to the 
character of our exercises, and it was well known that we were 
acting in violation of the colonization law, which strictly pro- 
hibited Protestant worship and prohibited Austin from intro- 
ducing any but, Catholics as colonists. 

Now let us for a moment contemplate this little Sunday-school. 
In a black-jack and post-oak grove near the center of the town is 
a rude log cabin about eighteen by twenty-two feet, the roof 
covered with boards held down by weight-poles, the logs un- 
hewn, and the cracks neither chinked or battoned, a dirt floor, 
and across it are placed several logs hewn on one side for seats. 
At one end stands the superintendent, a mere stripling, and 
before him are about half a dozen gentlemen and ladies as 
teachers, and thirty-two children, without any of these append- 
ages which are now considered necessary to a well-conducted 
Sunday-school. Forty-five years have passed since the organiza- 
tion of that little Sunday-school, and now on a Sunday morning 
of a pleasant day 60,000 children are assembled in our beloved 
State, under the guidance of 10,000 intelligent and, for the most 
part, pious young gentlemen and ladies, with a good supply of 
papers and libraries written by the ablest divines of our age, 
and containing interesting biographies, and the very pith and 
marrow of Christian theology. Surely we may exclaim, What 
hath God wrought? That same superintendent still lives and 
still labors in the delightful task of training the young in the 
Sunday-school, and as he contemplates, in imagination, the five 
and a half millions of children now being trained in the Sunday- 
schools of the United States, and then looks forward down the 
long corridors of time when these children shall be actors in the 
great drama of life, he sees the dawri of that happy day foretold 
by seers and prophets when the knowledge of God shall cover 
the whole earth, the lion shall lie down with the lamb, and "the 



Education in Texas 97 

wilderness and the solitary place shall be glad for them ; and 
the desert shall rejoice and blossom as the rose". 

I would here correct one erroneous impression in relation to 
the character of the early settlers of Texas. Many believe they 
were rude and ignorant, with many vices and very few virtues, 
and for the most part refugees from justice and enemies to law 
and order. That there were some rude and illiterate people 
among them is no more than may be said of almost any society, 
and that some were vicious' and depraved is equally true, but 
what there was of evil you saw on the surface, for there was no 
effort at concealment and no reason to act a borrowed part. 
Assassins, if there were any, appeared as such; now they often 
appear in the guise of gentlemen, that they may conceal their 
true characters and accomplish their object. No one estimates 
more highly than the writer, the intelligence, enterprise, and 
virtue of the present population, and yet he fully believes there 
were in the early history of Texas more college-bred men in 
proportion to the population, than now, and as much intelligence, 
good common sense, and moral and religious culture among the 
females as among the ladies of the present day. Many had 
moved in the higher circles of our large cities, and some had 
rilled stations of honor and responsibility. Some were incited 
to emigrate by a spirit of enterprise and romance, and some, 
having been unfortunate in their pecuniary enterprises, sought 
to improve their circumstances in a new country, and not a few 
were the votaries of health who, unable to endure longer the 
rigors of a cold climate, sought relief in the sunny climes of the 
South. If they had failings, let us throw the mantle of charity 
over them, and let their acts proclaim their noble virtues. When 
Texans took up arms against Mexico, it was in the maintenance 
of .right guaranteed to them by the constitution under which 
they had been invited to settle, and their population did not 
exceed 35,000; and does it not argue great energy, enterprise, 
and courage in their small numbers to take up arms against 
8,000,000, and. with few resources except their own courage and 
power of endurance, to win the day? 

A kinder and more hospitable people, perhaps never lived 

New Englanders have always been proud' of their Christian 



98 University of Texas Bulleti7i 

ancestors who bequeathed to them so rich an inheritance, and 
well may the present generation of Texans look back with grati- 
tude and pride to those noble-souled heroes who by their toils, 
energy, self-sacrifice and daring, won and bequeathed to them 
the fairest land on which the sun ever shone. A few of these 
old heroes still survive and move among us as mementoes of the 
past, their heads whitened with the frosts of many winters, and 
their steps tottering with the weight of years. God forbid that 
they should ever feel want where plenty abounds, and that the 
sun of their brighter days should set behind the dark clouds 
of sorrow. 

T. J. P. 1 

AN EARLY NEWSPAPER ARTICLE 

EDUCATION 

FOR THE TEXAS GAZETTE 

Having offered a few remarks in a former publication, on 
the general advantages of education, I now allude again to the 
subject as one with which are closely connected the best interests 
of our infant colony. We are here situated on an interesting 
& highly favored portion of the earth, where the God of na- 
ture has scattered choicest blessings in rich profusion. A tem- 
perate climate, salubrious atmosphere, and fertile soil, together 
with its natural advantages for commerce, all unite to render it 
by nature one of the most delightful and eligible situations in 
the world, and promise fair to reward with a luxury of abun- 
dance the toils of the enterprising and industrious. The forest 
already recedes by the labor of the axeman, and fine plantations, 
and houses stored with plenty, brighten the prospects and ad- 
minister to the necessities of the weary traveller. 

We have most of us who have emigrated hither, experienced 
in some degree, at least, the benefits of mental improvement : we 
have felt the most endearing ties of sacred friendship, and have 
seen harmony and good order prevail in society; blessings which 
we know how to duly appreciate and highly prize. And while 



^aker, D. W. C. A Texas Scrap-Book, 69-76. 



Education in Texas 99 

we are here enjoying the bounties of a Government, unparalleled 
in the history of republics for its liberality and munificence to- 
ward foreign emigrants, shall we not make an exertion to do 
something efficient for ourselves and our children in the all- 
important subject of education, and moral improvement. The 
paralyzing hand of time is fast consigning to the dust from 
whence they were taken these mortal bodies of ours, while our 
immortal spirits ascending triumphant will soon leave to our 
children the places which we at present occupy in society; and 
upon their characters and conduct will depend the future pros- 
perity of this rising country, as well as their own honor or 
infamy, their happiness or misery. It cannot be expected that 
the present inhabitants of Texas will do much more than to lay 
a permanent foundation for the future value and usefulness of 
this country, as a part of the great Mexican confederation; it 
is therefore from the rising generation that the Mexican Gov- 
ernment, will expect a remuneration, for the lands and privi- 
leges received by their fathers. Every candid, honest and 
honorable emigrant, who removes here with pure intentions, and 
receives the bounties offered by the laws, must acknowledge 
that he contracts a debt of gratitude to the Government; 
a debt which can only be cancelled by the strict observance 
of the duties and obligations which he voluntarily takes upon 
himself, by the act of settling in the country, and taking the 
oath to support the constitution. Among these obligations, there 
are none of a more sacred nature, and which we are more im- 
plicitly bound, in reason to obey, than those which enjoin upon 
us a strict attention to the education of youth; for virtue and 
intelligence have been found in all ages of the world, to form 
the broad basis of national prosperity; they are, the life & 
essence of every wholesome Government, but especially of a 
republic. Attention to the education of our children is therefore 
a public and patriotic, as well as an individual and parental 
duty. 

But of the importance of this subject parents appear already 
to be mindful; and it is highly creditable to the enterprise and 
good feelings of many of our citizens, to say that they have al- 
ready exerted themselves for the benefit of the rising generation 



100 University of Texas Bulletin 

to the very extent of their abilities. They have manifested a de- 
termination that their children should not grow up, to enter 
the world with minds beclouded by ignorance and understand- 
ings perverted by error. 

But much property has hitherto been expended for learning 
which has been of no avail, and what is of far greater conse- 
quence, the precious time of children, has, in many instances, 
been worse than lost for the want of some regular and established 
plan in the system of education; schools have often been com- 
menced in different parts of the Colony under the most inaus- 
picious circumstances, and with but little prospect of success/ 
Teachers have not received that compensation for their services 
which would justify them in devoting to the interests of the 
school, their constant and undivided attention : and no sooner 
has some more pleasing and lucrative employment offered, than 
they have been discontinued before any real, and permanent 
benefit could be derived from them; leaving parents, in most 
cases, with but one alternative, either to take their children from 
school or to employ those teachers with whose character and lit- 
erary qualifications they must have been entirely ignorant. And 
if they even succeed in obtaining these, much time is requisite 
for the teacher to secure the respect and esteem, and to learn 
the dispositions and capacities, of his scholars, without which, 
he can never expect to be of any great benefit to them. Thus it 
is a fact, that notwithstanding the exertions of parents to the 
contrary, much time is not cnly unhappily lost, but their best 
exertions are paralyzed. Children have, by this means, become 
heedless and inattentive, indolent and fickle in their habits ; and 
instead of being delighted with study, and animated to the most 
vigorous exertions for the acquisition of useful knowledge, 
their minds have been disgusted, and happy will it be if, dis- 
pairing of finding that satisfaction which they were encouraged 
to anticipate, they do not turn to meaner pursuits to the morti- 
fication of their friends and to become a nuisance to society. 

The minds of children when young are vigorous and active. 
They press forward with ardor and resolution in whatever pur- 
suit they are taught to engage, and when once frustrated in their 
plans, frequently turn with renewed vigor to a course directly 



Education in Texas 101 

opposite. Here the mind receives that stamp which will continue 
to their latest days ; those impressions are made which will have 
a decidad influence in forming their characters, and determining 
their future course of conduct. If the desire of knowledge has 
been early produced, it will be easy to pursue that plan by which 
the intellectual faculties will be constantly developing, and the 
mind trained for thinking clearly, and reasoning correctly. But 
if a habit of study has not been formed at this tender age; if 
no desire for mental improvement has been produced; if the 
noblest faculties of the mind "have been suffered to lie dormant, 
and the child to imbibe errors, either from the bad examples of 
parents, or from the neglect or ignorance and incapacity of com- 
mon itinerant self-styled "School Masters," the most faithful 
teacher may afterwards find by sad experience that his best 
endeavors prove altogether ineffectual. For habits when once 
thoroughly established, are like the sturdy oak of the forest, 
which cannot be easily eradicated. And as proof of this, go 
to the wild and untutored savage of the wilderness and argue 
with him upon the necessity of a change in his condition; con- 
vince him that he is destitute of all those comforts and con- 
veniences of life, which are enjoyed by civilized and enlightened 
nations, and what will be his reply? He will tell you, take our 
children and instruct them ; teach them your habits of life ; learn 
them to cultivate the soil and to practice the useful arts, but 
as for us, the forest has been our home and we will still delight 
to wear the blanket and chace the timid game. 

Ask the swearer, the gambler, or the debauchee if he can 
justify himself in the course of conduct he is pursuing, and he 
will frankly tell you "no;" inform him that he is squandering 
his property, injuring his health, blasting his reputation, dis- 
gracing his friends and rearing his family to be vagabonds, and 
he will readily admit the correctness of your reasoning and the 
justice of your conclusions, while he is still influenced by habit 
to act contrary to his better judgment. If, therefore, we wish 
to pursue such a course of conduct with our children, as will 
enable them to form amiable and upright characters, we must 
early commence and pursue some regular and established sys- 
tem. This however can never be done under the plan of com- 



102 University of Texas Bulletin 

mon schools, heretofore adopted in this colony; for however 
moral and dignified may be the conduct and deportment of 
parents, and how worthy soever of imitation the examples they 
set before their children at home, their influence is totally or 
measurably lost in a common country schoolhouse, where ig- 
norance and unpolished, or savage manners are too often found 
in the Teachers, and disorder, want of subordination, and noise, 
and confusion in the scholars. The necessity and importance of 
a regular and permanent system of education is acknowledged 
by every enlightened man, all over the world, and that such a 
system can with propriety, and ought to be established in this 
Colony, I will endeavor to show in another number. 

PHILOM. 1 

EXAMPLE OF A SCHOOL ADVERTISEMENT 

Notice. — The subscriber respectfully informs his friends and 
the Public, that he has lately removed his school, for its better 
accommodation to the settlement of McNeil, and Westall in Gulph 
Prairie. A commodious House has been erected, very eligibly 
situated being surrounded by beautiful shades, and but ten miles 
distant from the Gulph shore, with no timber between to prevent 
a free circulation of the Sea Breeze, and no stagnant waters near 
to render it deleterious to health. Scholars wishing to attend 
from a distance can be accommodate with board and washing, in 
a number of respectable families, from six to ten dollars per 
month. 

Terms of Tuition. — Reading and Writing, $2. per month ; Eng- 
lish Grammar; Geograplry, Rhetoric, History, Composition, 
Aritomaiic, Natural Philosophy, Languages, and Mathematics, 
$4.00 per month. A strict attention to the interests of the School 
is faithfully promised, and the public patronage humbly 
solicited by 
Jan. 15, 1830. Thomas J. Pilgrim. 2 



^he Texas Gazette, November 7, 1829. 
2 The Texas Gazette, January 23, 1830. 



Education in Texas . 103 

PLANS OF STEPHEN F. AUSTIN FOR EDUCATION 

Austin, the founder of the first American colony in Texas, reached 
the State in 1821. Born in Virginia, he was educated in Connecticut, 
and at Transylvania University, Kentucky. Through the eventful and 
turbulent years of his life he cherished a deep regard for education, 
and evinced a constant desire to promote schools. 

PROJECT OP A CONSTITUTION FOR THE REPUBLIC OF MEXICO. 

FORMED BY STEPHEN F. AUSTIN OF TEXAS, 

CITY OF MEXICO, MARCH 29, 1823. 

CHAPTER I. 
CONSTITUTIONAL AND FUNDAMENTAL MAXIMS 

Art. 26. Despotic Governments have endeavored to keep the 
minds of the people in darkness by prohibiting the introduction 
of books prescribed for their liberal principles. Free Govern- 
ments on the contrary have thrown open the door for the admis- 
sion of all without exception, and experience has fully proved the 
beneficial effects of this liberal policy in enlightening the people, 
who, very soon discriminate between any evil, irreligious, or im- 
moral doctrines which such books may contain, and the pure and 
virtuous ones ; rejecting the former, and profiting by the latter. 
All restrictions or prohibitions therefore on the introduction, 
sale or reading of books, are calculated to prevent the diffusion 
of intellectual light, and knowledge : to retard the improvement 
of the Nation, by perpetuating ignorance, Superstitution and 
servile principles, and are at variance with the genius of free 
institutions, and shall never be imposed under any pretext 
whatever. 

Art. 27. A nation can only be free, happy and great in pro- 
portion to the virtue and intelligence of the people; the dis- 
simulation of usefull knowledge and of the arts and sciences is 
therefore of primary importance to national liberty & pros- 
perity, and to affect this great- object, it shall be the duty of 
Congress to provide by every means in their power for the speedy 
establishment of Schools, and academies and colleges throughout 
the whole nation for the instruction of youth & children. 



104 University of Texas Bulletin 

OF THE POWERS OF CONGRESS" 

Art. 25. To establish a general system of education and to 
appropriate the public funds or any public property for the en- 
dowment and support of schools, academies and colleges or other 
literary instiutions. 1 

LETTER OF BUCHETTI TO AUSTIN 

Buchetti taught in Bexar from 1831 to 1833. Later he was em- 
ployed as teacher and translator in Gonzales. 

State of Leon, Parish of Lamparros, April 29th., 1826. 
Dear Sir: 

I have already sent you a few lines from Laredo giving you 
notice of my purpose and intentions of going to your Colony, 
the which, I hope, you have received. 

After having made known to him 2 my intentions and &. by 
letters from this place .... I have received his answer in a 
letter, written in Chapter, which not only approuves my pur- 
poses, praizes my motives ; but also encourages me to go amongst 
you with the Curate, who is shortly to be sent thither, .... in 
the capacity of his assistant to-wit : 1, in licitis, as his lawful 
interpreter for church affairs, 2 as the sacristan a Secretis, which 
implies steward, or clerk of the dpending Branch there of the 

Episcopal church , 3 as the public teacher of the Roman 

Catholic Dortrine and Dogmas in favour of the Anglo-ameri- 
cans Catholic of your colony and, pro tempore, of those of its 
vicinity. 

Credential Letters patent of Licentiatcd commission are not 
only promised me, but I am even requested to accept of them 
to enable me to discharge legally those 3 offices. As for my 
maintenance, or Salary, as well as that of the Curate, I know 
not as yet how much it will be agreed upon or from whom it will 



1 Among the Austin Papers. Whether this proposal of a constitution by- 
Stephen F. Austin had any influence on the formulation of the Mexican 
Constitution adopted in 1824 is highly conjectural. 

2 The President of the Ecclesiastic Chapter. 



Education in Texas 105 

be afforded whither from the Colony or from the See ? But for 
my part, I will try to make my arrangements with the See on 
that point. 

John Francis Buchetti. 

P. S. in case you should desire me to receive your commands 
on any subject, you will direct your letters to me .... 

But, Dear Sir, I was forgetting to observe to you that it would 
be very proper (if you have not already thought of it) for you 
to procure a Small Assortment of english Eoman catholic ap- 
proved books, for the use of the people of your Colony and of 
those of its vicinity, for every families besides the schools will be 
obliged to have more or less of them. 

I thought advisable to enclose you the anexed List of those I 
think the most necessary and useful in the several cases of the ' 
people of your own and of the other colonies ; 

And also a small collection of Spanish- English et vice versa. 
Dictionaries and gramars for the schools among which if you 
procure me Ainesworth's Latin and English Dictionary, I will at 
my arrival, pay you well for it. . . . 

Sir, 

I remain yours & 

J. Fcis Buchetti. 1 
(Here follows a list of sixteen approved religious works which are 
to be secured.) 

BUCHETTI TO WILLIAM'S 

Hacienda de Carrizal, the 8th 
November 1827 
Mr. Samuel W. Williams ; 
Dear Sir: 

I have received your esteemed of the 10th of September by 
the way of Mr. Ybarra and to which I answer albut immedi- 



^mong the Austin Papers. 



106 University of Texas Bulletin 

atly. I learn in it, that you are very busy, and that the colony 
has sufered a good deal of feaver, and that you have wrote to 
your friends for the seeds in question &. Colonel Austin is here, 
en Saltillo, and has talked with Ybarra on the sub jet of the 
seeds, and I too, I had three large conversations with him on the 
subject of my former letters to him advising him that I had re- 
nounced my project of going to the brazos as a minister, and & ; 
he upon the whole, was very satisfied with me. But he told me that 
he should be glad I would go thither to establish a Spanish 
School, that he had solicited a Spanish Master for that purpose 
in the U. S. and could obtain none, that, at his arrival, he will 
try, (according to his wishes) to form a School, to Justify a 
teacher, and he would write me the result, and that in the mean- 
time I would continue to write you both from time to time. 

Juan Francisco Buchetti. 
(Addressed) 
Al Sor. Dn- Samuel W. Williams 
Administrador de Correo 

En San Felipe de Austin 
En los Texas. 1 

PROPOSED DECREE ESTABLISHING A SCHOOL 

The Congress of the State of Coahuila and Texas have thought 
proper to decree as follows : — 

Considering Education as the basis of good morals of good 
order and of the Republican System of Govt, and seeing the 
necessity there is for the establishment of a Semenary at the 
Town of San Felipe de Austin in Texas for the purpose of in- 
structing the Children of the new Colonists who have emigrated 
to that point in the Spanish language, Therefore it is decreed 

1 — That a Seminary of learning shall be established at the 
said Town of San Felipe de Austin in which shall be taught the 
various branches of Education. 

2. The Said Seminary shall be under the direction of 13 
trustees who may be appointed yearly by the Auuntamiento of 



'Among the Austin Papers. 



Education in Texas 107 

said Town of San Felipe de Austin : and the said trustees may 
appoint a president and secretary and treasurer, and shall 
employ all the teachers and make rules and regulations and Bye 
laws for the Government of said Seminary and have the control 
of the funds belonging to it and appropriate the same for the 
use and benefit of said Seminary. 

3. Until there is an Ayuntamiento at the said Town of San 
Felipe de Austin the above named trustees shall be appointed 
by S. F. A., the Judge commissioned to administer the municipal 
government of said Town for the present. 

4. For the endowment of said Seminary with funds there is 
hereby granted to it the quantity of Six Leagues of land to be 
selected by the said S. F. A. in such size tracts as he may deem 
most advantageous and in any part of the Country not other- 
wise disposed of East of the Colorado River in Texas. An entry 
■of Said Selections shall be made in the Archives of the new 
Colony on the Brazos & Colorado at the said town of San Felipe 
de Austin and a certified copy thereof shall be sent to the Gov- 
ernor of this state who shall file the same in his office as an evi- 
dence of said entries. 

5. The said Seminary shall form a Body Corporate under the 
name of the Seminary of Austin and may have a Seal and buy 
& sell property and sue and be sued. 

6. The treasurer of said Seminary shall publish annually an 
a/c of all the receipts and expenditures of said Seminary for 
the information of the public. 

Decree of Coahuila & Texas concerning Education. 1 



AUSTIN TO J. H. BELL 



Feb. 24, 1829. 



Mr. Pilgrim proposes to teach a school. I am pleased 
with him so far as I have been able to judge. My opinion on 
this subject is that we should all unite with a view of establishing 
a permanent Academy at this place. If we now commence on 
this basis, I have no doubt of succeeding, and if .the subject is 
pushed and properly laid before the Govt., I have no doubt of 



1 Among the Austin Papers. The date is not given; it was probably 
prior to 1828. 



108 University of Texas Bulletin 

obtaining a liberal endowment of funds. I fear that a division 
in the minds of the people as to where the Academy ought to be 
located would totally defeat the object, and for this reason I am 
in favor of engaging Mr. Pilgrim to establish a school here per- 
manently and that measures be adopted without delay to raise 
funds by subscription for a suitable house, large enough to ac- 
commodate about 100 scholars. I have drawn a plan which I 

send you. 

This subject is a very important one, it has always been a 
favourite one with me, and I think an effort should be now 
made to get the school under way; it can be added to after- 
wards — in fact it will naturally increase as its reputation be- 
comes known and I fear that if the present opportunity passes 
of getting a permanent teacher another may not o(ffer so) on. 
I will, however unite in support of any general plan to establish 
schools, which will do the most public good. 

Your friend, 
S. F. Austin. 

BELL'S REPLY TO AUSTIN 



I received your letter on the subject of establishing a school, 
and have spoken to the people. Generally they are all willing 
to give it liberal support but object intirely to sending their 
Children to San Felipe — in fact they are so disgusted with the 
proceedings at that place that there is nothing that Centers there 
that they will have anything to do with — as to my own part I 
would do any thing that a majority might think best 

J. H. Bell. 
March 13th, 1829. 

AUSTIN'S REPLY TO BELL 

San Felipe de Austin, March 17, 1829. 

It is the interest of each man who lives in this colony 
or in this section of the country to encourage the improvement 



Education in Texas 109 

and advancement of this town. The day will come when a selec- 
tion must be made for the seat of Govt, of Texas. The people 
of this jurisdiction should keep this object in view and by 
pushing forward this place pave the way to its location here. If 
we can get decent public buildings and an Academy &c under way 
and have the place otherwise improved so thus to aford comfort- 
able accomodations, this place stands a better chance to be the 

seat of Govt, than any other point in Texas 

The Academy is a very imporant matter & I hope you will 
aid us from that quarter of the country. If we can get it under 
way I have no doubt the Govt, will aid us. I will devote a great 
deal to this object if it goes on, for independent of the good that 
will result to the children of the Colony, it will give a favorable 
character to it abroad. 

Your friend, 

Stephen F. Austin. 1 

MARTIN TO AUSTIN 

Dr Sur 

Their was handed me by Mr Jamson sevral letters plan sub- 
scription for an Academy which I handed to Cpt. Martin 
Re Jones as directed for their deliberation Cpt. Martin rather) 
caused for som time before he gave aney opinion abought it 
he finally observed he shouldnot feel safe to subscribe to the 
bond as he had no faith in the present Ayuntamento body and 
not knowing who would succeed them theirfore he didnot feel 
safe in vesting his monney in their handes nor should not tho he 
observed that he would contribute as much to that Institution as- 
aney other person of his abilites provided it could be established 
on a fair and satisfactory basis and the same opinion prevails 
thrueout this nabournhood their has been so maney complants 
abought the past conduct of the Ayuntamento that it appears to 
me to be all most out of the question to do aney thing of a publick 
nature thrue them of that kind for to make them men appear 
responsible and adclequit to establish an Institutision of that kind 



'Among the Austin Papers. 



110 University of Texas Bulletin 

and by donatisions from the itinerrant settelars of this colney 
it would be as esey to make the peopel beleave that black was 
whit the contrast would be equly as grate for Equity has been 
harrowed like the Irishmans hors by the tail Backwardes to 
much for them to be the sole managers of so benovelant an In- 
stitutision as that their is a rumor aflote that the Ayuntomento 
has introduced a projecte of a law to rais $5000 by a direct tax 
in this colney for publick porposes if so and I was allowed my 
opion I should say they would have rather to grate an overpluck 
of business to attend to for if you will vu their past projects 
collectively and impartially you might see that it would prove 
abortive for the worst prejudiced designing moralist will ever 
be foremost to thrust themselves into power is a matter desided 
heir and the result will bring ruin uppon themselves and the 
unhappy few over whome they may preside consequently I do 
not feel an inclinenatision to have anaey thing to do with the 
Academy thrue them exclucifly I dont feal like I could stand 
the Execratisions that would be heeped upon me for what I 
might expect to get for it under the preasant circumstances not 
withstanding aney thing that corns in the vue of my weak fac- 
culteys that I can render you in establishing that Institution 
upon a permeneant and Ecquitable basis is intirly at your Serv- 
ice and as I have no disposition to animeadvert on the past 
grievances or throw aney obstrucktision in the way I will name 
the ought lines of a course by which I think in all probility it 
might be established to the general satisfaction of the whole with 
the exceptsiion of a part of the Ajamtemanto body that is if you 
will take it upon your self to nominate 7 or 8 or more persons 
in the different parts of the Colney to inquire into the utility 
of such an instutision and the requsit buildings and let them 
act as a commitee of wayes and means in the first instance they 
could decide by vote on the most important point which would 
be wheather we would have such an institution in the Colney 
or not I will venture *to Say that their is not aney person in 
the Shape of a human that had ever wore aney garbe larger 
than a britchelout in this colney but what would approve of 
Such an institution again they could appoint or elect Trustes 
treasurer — auditor colector etc and one of the ayuntamento 



Education in Texas 111 

bodey might act as such when they would have a fare Chance to 
sho what the Government would do in the first Instance and 
thrue them which would be the most esential thinges in order 
that the trustes might proceed leagely and upon a fair basis 
with regard to the plan you Sent me I will be better abel to do 
something with it when I See you when I get a crop planted I 
will try to come up and See you) you may think my answer to 
you rather ruff and evasive but I pledg you my word it is not 
with aney desine to procostinate your desine or throw the least 
obstical in the way that would have a tendancee to cast a shade 
over workes of so much utility I must theirfore enjoint on you 
to excuse my weak epistle as you know I am no Solomon or 
Scribe 

Yours Eespectfully 
S. F. Austin Bm Martin 

March 25th 1829 1 



AUSTIN TO BELL 

In a letter to J. H. Bell written April 16, 1829, Austin gives the fol- 
lowing account of his efforts: 



Our academy subscription goes on very well there is over 
thirteen hundred dollars subscribed and I think we shall be 
able to get a brick building. I am anxious to see the matter 
succeed for I think it will be attained with much public good. 

, Yours, 

S. F. Austin. 1 

STEPHEN F. AUSTIN'S PLAN OF A COLLEGE 

H. [onorable] C.[ongress] 

The colonies which have been planted in the unsettled portions 
of Texas by the first undersigned petitioner — under the protec- 
tion and auspices of the government— having happily flourished, 



'Among the Austin Papers. 



112 University of Texas Bulletin 

the colonists, begin to find themselves in that advanced state which 
demands the establishment of certain institutions fitted for settled 
countries. Among- these, public schools for the teaching of 
modern languages, and especially that of Spanish, are of prime 
importance. These colonies are composed of both foreigners and 
Mexicans; and the necessity for dissemminating the national lan- 
guage aming the former is evident. They themselves are fully 
convinced of this necessity and have made various efforts to 
found a school by means of voluntary contributions. Up to this 
time, however, these efforts have had no successful outcome — not 
because of a lack of willingness to contribute, but for the want 
of a legal and permanent arrangement which would give a legal 
existence to the institution and assure the protection of the 
government and of the laws, and the faithful use of the funds 
contributed for the t charitable objects and public uses intended 
by the donors. For the purpose of overcoming this obstacle, and 
seeking the general good of the state, which will be greatly 
advanced by the establishment of a literary institution — and par- 
ticularly one whose principal object is the extension of the 
national language among a portion of the inhabitants of the 
state who do not know it. The undersigned deputies from Texas 
have the honor to present for the consideration of Your Hon- 
orable Body, the preamble and outline of the following decree : 

Realizing the importance of encouraging, by every possible 
means, the teaching of the Spanish language in the new colonies 
of Texas; complying with the desires, expressed by the inhabi- 
tants of the principal one of these, for the founding of a school 
of Modern Languages by means of voluntary contributions ; and 
wishing to give a legal existence to the said institution by plac- 
ing it under the protection of the government and of the laws — 
thus assuring the careful application of the funds to the benefi- 
cent purposes intended by the donors — the Congress of the State 
of Coahuila and Texas has thought well to decree the following: 

Art 1. The establishment of a literary institution in the town 
of Austin, 1 Texas, under the protection and direction of the gov- 
ernment, to have the name Institute of Modern Languages is 
authorized. 



2 San Felipe de Austin. 



Education in Texas 113 

Art. 2. It shall be endowed with unappropriated lands be- 
longing to the Department of Bexar, and with such funds as 
may be voluntarily contributed by private individuals. 

Art. 3. It shall have one rector, three professors, a treasurer, 
and a board of directors, which [board] shall be composed of the 
curate of the said town, of the rector, of the three professors, and 
of six directors whom the chief of the department shall name 
from the twelve proposed by the ayuntamiento. 

Art. 4. The six directors named in the list of the ayuntamiento 
and not selected by the chief, shall be alternates and shall fill 
such vacancies as may occur in the order in which their names 
come in the list as arranged by the chief. All shall be chosen 
anew in the month of March of each year. Members shall be 
eligible for reelection and free to accept or refuse a new nom- 
ination only in the second year as the office is held like a mu- 
nicipal office. 

Art. 5. The rector shall be the president of the board of 
directors and shall have general supervision over the professors, 
the employees, the pupils, and the business of the institution 
in all its branches and departments. He must know the Spanish 
and English languages. 

Art. 6. Of the professors, the first shall be the teacher of 
Spanish, the second, of English, and the third, of French ; and 
they shall teach the pupils to speak, read, and write the ele- 
ments of these languages. 

Art. 7. In addition to the three languages mentioned, arith- 
metic, geography, mathematics, history, rhetoric, constitutional 
law, philosophy, astronomy and chemistry shall be taught in the 
institution. These studies shall be distributed among the rector 
and professors in the order prescribed by the internal rules of 
the institution. 

Art. 8. The board of directors shall have a secretary selected 
from its own body by a plurality of votes. The duties of the 
board shall be as follows : 

1st. To manage all the lands and funds of the institution. 
2nd. To name the rector, the professors, the treasurer, and all 
the inferior employees of the institution. 



114 University of Texas Bulletin 

3d. To draw up the rules for the organization and government 
— both internal and external — of the institution in all 
its branches and departments; to fix the duties and 
responsibilities of the rector, the professors, and the 
other employees; and to designate their salaries, pro- 
vided that neither the rector nor the professors shall 
have a vole in fixing or changing the salaries of any 
of the four position they may occupy. 
4th. To receive with the knowledge of, and though the aymv- 
taniiento the gifts or voluntary contributions to the 
general funds of the institution, or to any particular 
branch — be it lands, money or goods. 
5th. To decide about the building of houses and chapels or the 
making of other improvements, and about the buying 
of books and instruments as far as the funds will per- 
mit and as circumstances require. 
6th. To establish a department separate from the main building 
for the education of girls, and to form rules for its con- 
duet. 
7th. To adopt a. seal for the institution. 

Art. 9. The institution can sue and be sued through the presi- 
dent of the board of directors. 

Art, 10. On the first Monday of the Month of February of 
each year, the secretary — after due approval by the board — 
shall present to the aijuntamiento an exact account of the man- 
agement of all the funds which may be under the charge of the 
said board. This account shall be placed in the archives, one 
copy shall be published, and another shall be sent to the chief 
of the department. The rector, likewise, shall present an ac- 
20unt of the branches under his charge. This also shall be 
placed in the archives, a copy published and one sent to the 
chief of the department. 

Art. 11. Each director and employee of the institution shall 
be responsible with his own private property- — and that too in 
preference to any other liability or debt — for any misappropria- 
tion or fraud in the administration of the funds of the institu- 
tion which may either be committed or knowingly permitted; 
and they may be called to account for the same, in favor of the 



Education in Texas 115 

institution, by the ayuntamiento, or by any of the directors, 
employees, or any citizen. 

Art. 12. The governor of the State, the chief of the depart- 
ment, the chief of the district, and the ayuntamiento may visit 
the institution whenever they may consider it proper; and the 
ayuntamiento must visit it each year during the months of 
February and October; and shall give an account to the govern- 
ment, through the proper official, of the result of this visit. 

Art. 13. There shall be ceded in full possession to the said 
institution eleven sitios of territory from the unappropriated 
lands in the Department of Bexar lying along the San Jacinto, 
the Brazos, the Colorado, and the La Vaca Rivers or in their 
vicinity. They shall be outside the limits of the ten littoral 
leagues along the coast. The directors shall choose the said sitios 
all together or separately, as may seem best to them. The title 
to the same shall be issued by the chief of the said department 
upon the request of the president of the board of directors. 

Art, 14. The lands conceded by the previous article can not 
be leased for a continuous period of more than five years, and 
they can not be sold, either in part or as a whole, without the 
previous approval of Congress upon the request of the board of 
directors accompanied by a report from the ayuntamiento and 
the chief of the department. The said lands and all the property 
and funds of the institution shall be free from all taxes or duties 
whatsoever. 

Art. 15. The ayuntamiento of the town of Austin shall be 
authorized to make a gift to the institution of such solares be- 
longing to the town as may be necessary for the buildings. 

Art. 16. Within three months from the publication of this 
decree, the ayuntamiento of this town shall propose twelve per- 
sons to the chief of the department, and he shall name the six 
directors as provided by Articles 3 and 4. 

Art. 17. In the absence of the rector, the curate of Austin 
shall serve as president of the board of directors ; and in the 
absence of the curate, the board shall name a president ad in- 
terim from its own body. 

Art. 18. When the organization of the school shall be finished, 
and the rules for its government formed, a copy of all shall be 



116 University of Texas Bulletin 

sent to the Congress of the state for its approval. In the mean- 
time, the hoard may make temporary rules, completing them and 
filling the positions in the institutions as the funds permit and 
circumstances require. 1 

MINUTES OP THE AYUNTAMIENTO OF SAN FELIPE 
DE AUSTIN, 1828-32 

Town of Austin, March 2, 1829. 

The session was opened by the reading of the 

proceedings of the special meeting of the month of February 
just closed, and then, Mr. League, the second regidor, taking 
up for discussion the subject of public instruction, offered a 
document containing voluntary subscriptions for the citizens of 
the jurisdiction of more than eight hundred dollars. This fund 
the subscribers have voluntarily placed at the entire disposition 
of the ayuntamiento for the erection of a building to be used 
solely for a school. Mr. League therefore moved that a com- 
mittee be appointed to form plans for a school building and sub- 
mit them to the ayuntamiento, with the data which can be ob- 
tained regarding the cost of the said building; so that the 
ayuntamiento may adopt whichever of the said plans may, in 
its opinion, be the most suitable for the school. Citizens Stephen 
F. Austin, Ira Ingram, and Stephen Richardson were appointed 
a committee for this purpose ; and the ayuntamiento set the term 
of fourteen days within wmich the said committee should present 
the plans and the estimate of the cost of the said buiding. 

Town of Austin, April 6, 1829. 

Mr. H. H. League took up the matter of the building of a 
school house, which was considered in the session of March. He 
said that he had understood from the gentlemen of the commit- 



^Mrs. Mattie Austin Hatcher, Plan of Stephen F. Austin for an In- 
stitute of Modern Languages at San Felipe de Austin. In Quarterly 
Texas State Hist. Assoc., XII, 231-239. According to Mrs. Hatcher it is 
not known whether this bill was ever presented by Austin to the gov- 
ernment. The bill was not dated; Mrs. Hatcher believes it was most 
probably written when Austin was a deputy in 1831-32. 

Original among the Austin Papers. 



Education in Texas 117 

tee appointed to draw plans and secure information for the 
ayuntamiento, that, for various reasons, they had been unable 
to get from the contractors (maestros) the data necessary for 
estimating the cost ; and that the committee asked an extension 
of one month for completing the matter referred to its charge. 

J. "White 

Samuel M. Williams, 
Secretary. 

Town of Austin, May 4, 1829. 
The ayuntamiento of this jurisdiction met in regular session, 
with all the members present. The subject of the establishment 
of an academy was taken up as provided in the session of April 
6 last. As it was inconvenient for the rest of the members of 
the committee appointed by the session of March 2 to serve, 
the ayuntamiento discharged the said committee and appointed 
Messrs. Stephen Austin, William Morton, Stephen Richardson, 
Thomas M. Duke and (George ?) x Dennett to form the plans for 
the building of an academy and the estimate of the cost of the 
enterprise, with the method of defraying the same. 

J. White 

Samuel M. Williams, 
Secretary. 2 

MUNICIPAL ORDINANCE 

The Governor of the State of Coahuila and Texas to all its 
Inhabitants — Know Ye, that the Congress of said state have 
decreed as follows : 

No. 100. — The Constitutional Congress of the free and inde- 
pendent and sovereign state of Coahuila and Texas have enacted 
the following 

MUNICIPAL ORDINANCE 

For the government and regulation of the ayuntamiento of 
Austin. 



ir rhe name is blank in the original. 

'Minutes of the Ayuntamiento of San Felipe de Austin, 1828-31, Edited 
by Eugene C. Barker; In The Southwestern Hist. Quart., Vol. 21, 405, 
411, 412. No further reference to this effort to establish a school is 
found. 



118 University of Texas Bulletin 

Chapter I 

OF THE INSTALLATION AND INTERIOR RULES OF THE AYUN- 
TAMIENTO, AND THE APPOINTMENT OF COMMITTEES 

Art. 8. The committee charged with the examination and in- 
spection of schools must make a report, on that subject, at each 
regular session of the ayunamiento at least. 1 



x The ayuntamiento are the trustees and supervisors of schools and 
institutions of learning, within the municipality. — See chapt. 6, law 
37. — Translator. 

Chapter IV. 

Art. 29. The ayuntamiento, so far as circumstances will per- 
mit, shall promote the establishment of a school in the capital 
of the municipality, for the purpose of teaching the English and 
Spanish languages, for which purpose they will form a plan and 
transmit it to the governor, through the regular channel, to be 
presented to the legislature for approval. 

The Governor of the State shall cause 'it to be complied with, 
printed, published and circulated. 

Given in the City of Leona Vicario, 30th May, 1829. 

Therefore, I order it to be printed, published and circulated, 
and due compliance be given to it. 

Leona Vicario, 7th June, 1829. 

Jose Maria Viesca. 
Santiago Del Valle, Sec. of State. 1 

SCHOOL STATISTICS 
FOR 
SAN FELIPE DE AUSTIN 

Children 

Date Pop. 7 to 16 Pupils Schools Sources of Information. 

1828 2021 424 51 3 Census, March 31, 1828. 2 

1830 4248 959 77 3 Census, June 30, 1830 2 

1831 5565 1197 77 4 Census, June 30, 1831 2 



x This decree is omitted from the official publication of the laws. 
Barker, E. C, Minutes of the Ayuntamiento of San Felipe de Austin; 
In Southwestern Hist. Quar. Vol. 21, 311-324. 

2 Among the Nacogdoches Papers. 



Education in Texas 119 

PROCEEDINGS OF THE CONVENTION OF TEXAS 
Convened at San Felipe de Austin, October 1, 1832. 

Tuesday, October 2. 

On motion of Mr. Lesassier, it was resolved, that a committee 
of five be appointed to petition the State Government for a 
donation of land to Texas ; for the purpose of creating a School 
Fund, to provide for the future establishment of Primary Schools 
— and report to this Convention in a reasonable time. 

Whereupon, the following persons were appointed to form 
said committee : 

Luke Lesassier, William McFarland, William Menifee, Samuel 
Bruff, Thomas Hastings. 

Friday, October 5. 

Mr. Lesassier, 1 chairman of the Committee to petition the 
State Government for a donation of land, as a School Fund, 
presented their report. 

Mr. Bruff moved that the blank in said report be filled with 
twenty-five leagues. — Mr. Groce moved that it be filled with one 
hundred leagues ; and Mr. Ingram that it be filled with one 
hundred and fifty. 

Mr. Wharton moved that this report be laid on the table indefi- 
nitely ; which was negatived — the yeas and nays were as follows : 

Yeas, — Geo. B. McKinstry, William H. Wharton, John Austin, 
Charles D. Sayre, Ira Ingram, A. B. Dobson, George F. Rich- 
ardson, Jared E. Groce, W. R. Hensley, James Kerr, J. K. 
Looney, Hyman Hartz, Thomas D. Beauchamp, Samuel Looney, 
- A. Hier, George Butler, John Connell — 17. 

Nays — Wyly Martin, F. W. Johnson, L. Lesassier, Silas Dins- 
more, Samuel Hoit, Alexander Thompson, Robert Wilson, Wil- 
liam Robinson, Joshua Hadly, Samuel Bruff, Jesse Burnham, 
William Menifee, George Sutherland, Hugh McGuffin, Charles 
S. Taylor, Thomas Hastings, Philip Sublet! D. McDonald, W. 
McFarland, Wyatt Hanks, Jacob Garret, Elijah Isaacs, Ben- 
jamin Holt, Jesse Parker, William English, Frederick Foye, 



lesassier taught school for a time. See page 127. 



120 University of Texas Bulletin 

John M. Bradley, Jonas Harison, Patrick C. Jack, Claiborne 
West, James Morgan, H. S. Brown, C. Stinnett, Samuel C. 
Douglass — 34. 

The several motions to fill the blank were withdrawn by the 
movers: and, on motion of Mr. Wharton, it was ordered that 
said blank be filled, by asking the Government to make such do- 
nation as it may think proper. 

The President called Mr. Lesassier to the chair and retired 
on account of indisposition. 

The report of the committee for a donation of land was 
adopted as amended. 

To His Excellency, the Governor, and the Honorable, the Legis- 
lature of the Free and Sovereign State of Coahnila and Texas: 

The inhabitants of Texas, represented by delegates, chosen for 
the purpose of making known their wants to that Supreme Gov- 
ernment, and assembled in General Convention, in the town of 
San Felipe de Austin, respectfully represent that, from the com- 
mencement of the settlement of Texas, up to the present time, 
no step has been taken to encourage public education, and to 
create a fund- exclusively devoted to that object. — They would 
respectfully suggest, that intelligence is the main pillow of re- 
publican institutions, and that without it no Republic can be 
long-lived — that in every well regulated community, where free 
principles predominate, education among every class of society, 

has occupied the attention of the patriot statesman — that the 
Government of the State of Coahuila and Texas, heretofore, so 
liberal, and ever munificent in grants of lands to individuals, 
will, it is hoped, be equally so, in the grant of land for so useful 
and patriotic an object as will be the dissemination of knowledge 
through every part of society. Under these considerations, your 
memorialists pray a grant of as many leagues of land, for the 
promotion of education, as the Legislature, in its liberality, shall 
think proper to bestow ; to be made to Texas as the foundation 
of a fund for the future encouragement of Primary Schools, in 
Texas, in which will be taught the Castilian and English Lan- 
guages; and they further pray, that the said grant be made to 
the Ayuntamientos in Texas for the use and benefit of the people 
in Texas, and for the object aforesaid, with the express condi- 



Education in Texas 121 

tion that the said lands shall not be sold or otherwise disposed 
of, until the voice of the people of Texas, be taken thereon; 
and your memorialists conclude with a declaration of their at- 
tachment to the Republic of Mexico, and of their devotion to the 
Federal Constitution, and also of that of Coahuila and Texas. 
(Signed) L. Lesassier, Chairman 1 

SECESSIONAL CONSTITUTION 

'Form of the proposed Constitution of Texas, drawn up by the 
Texas convention of 1832 and 1833. 

Art. 27. The benefit of education and of useful knowledge, 
generally diffused through a community, are essential to the 
preservation of a free government ; the protection and advance- 
ment of these two great objects are given in solemn charge to 
the Legislature. It shall be the particular duty of the govern- 
ment to patronize and cherish the interest of literature, of science 
and the arts; and as soon as practicable, to establish schools, 
where the poor shall be taught gratis." 2 

THE REMINISCENCES OF MRS. DILUE HARRIS 

Mrs. Harris was the daughter of Dr. P. W. Rose who came with 
his family to Texas in 1833, and settled at Harrisburg. 

February, 1834 

As there was no school in the neighborhood, mother made us 



3 Gammel's Laws of Texas, Vol. 1, (483, 492-493). A Spanish transla- 
tion of this report is found among the Austin Papers. It was addressed 
to the Governor of the State of Coahuila and Texas, and concludes as 
follows: "Therefore, they (the memorialists) beg of your Excellency, 
to please transmit this petition to the honorable legislature for ■ it to 
determine whatever its liberality may think proper. 
Villa de Austin, October 5th., 1832." 

No evidence has been found that this petition ever reached either the 
Governor or the Congress. Along with this should be read the memorial 
of the inhabitants of Bexar as given on page 81; also the Land Grant 
for the School at Nacogdoches on page 48. 

2 Edward, D. B., History of Texas, 198. 



122 University of Texas Bulletin 

study our lessons every day. At noon, we recited to Uncle James-- 
or father. 



May, 1834. — School Near Oyster Creek 

Father, while in Harrisburg, engaged a school teacher, a Mr. 
David Henson. He had just arrived He was an Irish- 
man, old, ugly, and red-headed. 

The next thing was a sehoolhouse. There was a log house 
half-way between the place where we lived and Mr. Dyer's. It 
had been used for a blacksmith shop. The floor was made of 
heavy hewed logs, called puncheons, and there were no windows- 
nor any shutter to the door. Father and Mr. Henson canvassed 
the neighborhood to make up the school. Mr. Dyer's three chil- 
dren, William, Foster, and Harvey, and Mr. A 's three 

went. Mr. M would not subscribe. We three children, 

with four young men, Leo Eoark and his brother Jackson, Mr. 
Calder and Harvey Stafford made up the school. Mrs. Roark 
did not send her daughters. She said she would send them in 
the fall, as the boys would then have to gather the crops. 
Brother and I were the only children that could read and write.. 
The young men and brother could cipher. 

June, 1834 

School commenced the first of June. We had a good teacher,, 
but he was out of his proper place in Texas. There were but 
few school books among the people. The teacher made the mul- 
tiplication table upon pasteboard. Mother gave her bandbox for- 
the purpose. Father had a fine assortment of books, but few 
schoolbooks. 

We were in high spirits. Our school was doing well. 



Education in Texas 123 

September, 1834 

Our school closed the last day of August. The young men 
.and the boys had to gather the crop. . . . Our school teacher, 
Mr. Henson, left the first of September. He said he would re- 
turn during the winter. 

May, 1835 



We were expecting to have a school soon. Mr. Henson was 
to open school the first of June. He was to begin with the girls 
and small children, and as soon as the crops were laid by all 

the young men were to attend. Mrs. M. refused to send her 

little girls if Mr. A 's children attended. Father said he 

would be glad if A would leave the neighborhood, as there 

would never be any peace while he and Mrs. M both lived 

there. 

June, 1835. School and War 

School commenced the first of June. There were only ten 
pupils, three girls, six boys and one young man, Harvey Staf- 
ford. The teacher boarded among the neighbors. 



The school did well. There was no sickness. The grown young 
men started to school. Three of them and the teacher camped 

in the schoolhouse and did their own cooking. Mother and Mrs. 
Dyer gave them milk, butter and eggs, and they went home 
Friday evening. Mr. Henson spent Saturdays and Sundays 
with the neighbors. The young men were anxious for the school 
to be kept open in the summer, as they had to work in the fall 
.and winter. 

There was some trouble at Anahuac 



124 University of Texas Bulletin 

This news stopped our school, as the teacher and young men 
decided to go to Harrisburg 



July, 1835 



Our school opened again on the tenth. The teacher said the 
young men and the boys did not study. They talked war all the 
time and seemed to think that two or three hundred Texans 
could whip Mexico. 



August, 1835 



The farmers had fine crops. Our school was doing well, but 
the people were in dread all the time. 



June, 1836 



While father was gone, a man came to our house trying to 
find a place, to teach school. Mother told him that the men who 
had families were absent, but that she thought he could get a 
school, and that she expected father home in a few days. He 
said he was without money. He had been in the battle of San 
Jacinto, but as the army had gone west, he had decided to teach 
until he could get money to return to the United States. He 
offered to teach us three children for his board until he could 
get a school. Mother was glad to have a teacher for us, for we 
had been out of school since September, '35, when our teacher 

and the young men had gone to San Antonio We gathered 

what books we could and began work. We were well pleased 
with the teacher, whose name was Bennet. We were without 
paper and wrote on slates. 



Education in Texas 125 

July 4, 1836.— A Bull Fight 

Father and the men arrived home the last of June 

The men employed Mr. Bennet to teach, and built a shed on the 
side of the log cabin we used the year before for a school house. A 
blacksmith, a Mr. Thompson, had rented the house and opened 
a shop. He said then when it rained he would quit work and 
let the children use his shop. There were only eight pupils. Mr. 

Dyer sent three boys and Mrs. M two girls, Mr. A. 

would not send his children. He and Mrs. M were keeping 

up their quarrel. Brother Granville and William Dyer were 
the largest boys in school. 

We had been in school but a few days when we had quite an 
adventure with two wild bulls. There was no fence around the 
log house, and the cattle fed close by. One day two large bulls 
were fighting, and got near the house. The teacher said for the 
children to go into the shop. We ran to the door, but could not 
get it open ; so we climbed up the side of the house, and with the 
help of the teacher and boys got on the roof. By the time we 
reached it the bulls were under the shed. It was fun for the 
boys, but the girls were scared. The bulls pawed the ground, 
fought, and bellowed, the boys laughing and hallooing, and the 
girls crying. The boys said we would have to stay on the house 
all night, if nobody came for us. The teacher was as' helpless as 

a child After the boys had had their fun, they got down 

and ran the cattle off The next day the men built a 

fence around the school house. Our Texas boys had a good joke on 
Mr. Bennet; they said that if he had showed fight the cattle 
would have run. 

August, 1836 

August came, but it seemed as if September never would. Our 
school was doing well, and several young men had entered, 
among them Leo and Jack Roark, Moses and James Shipman, 
Mr. Calder and Harvey Stafford. 



126 University of Texas Bulletin 

October, 1836 

We were going to school. 

November and December, 1836 

Our school closed the last of December and Mr. Ben net went 
back to the United States. 

April, 1837 

The summer of '37 soon passed. We had a good school and 
raised a good crop 

In September we moved to our new home on Bray's Bayou. 
We lived that winter in a log house, attending church in Hous- 
ton, and going to school there in the year '38. The teachers 
name was Hambleton. He taught the second school in Houston. 
Mrs. Sawyer taught the first. She married a Mr. Lockhart. The 
school house was built of rough plank and consisted of two 
rooms. The boys' room was without a plank floor, and there 
was no shutter to the door, nor glass to the window. Rough 
planks placed on barrels and nail kegs served for desks and 
seats. The names of the families represented were : Rose, 
etc among them a pretty girl from New York, who crit- 
icised our school, Texas, and Houston till we nicknamed her 
Texas. Several German families sent their children to study 
English. 1 

EARLIEST ANGLO-AMERICAN SCHOOLS IN TEXAS 

Date Location Teacher 

1823 San Felipe de Austin (?)IsaacM. Pennington 2 

1825 Nacogdoches Thomas J. Garner 3 

1827 (Near) Brazoria Henry Smith 4 



''Quarterly Texas State Hist. Assoc, Vol. IV, 85-127, 155-189, passim. 

^Quarterly Texas Hist. Assoc, Vol. VII, 53. 

3 Nacogdoches Papers, November 29, 1825. See page 94. 

^Thrall, H. S., Pictorial History of Texas, 621; Lubbock, Gov. F. R., 
Six Decades in Texas, or Memoirs, 114; Brown, J. H., Life and Times 
of Henry Smith, 17. 





Spring Creek 


1830 


Gonzales Seminary 




San Felipe de Austin 


1830-35 


San Felipe de Austin 


1831 


San Felipe de Austin 




Caney Creek 


1831-36 


Columbia 


1832 


? 




Brazoria 


1833 


North Alabama Colony 


1834 


Bostick's Home 



Education in Texas 127 

1828 Matagorda Josiah Wilbarger 4 

1829 San Felipe de Austin Thomas J. Pilgrim 5 
Matagorda E. R. Weightman 

and wife 6 

1830 Gulph Prairie Settlement Phelps 7 
Gulph Prairie Settlement Thomas J. Pilgrim 8 

Thos. S. Saul 9 
D. B. Edward 10 
Samuel Peniston 11 
James Norton 12 
Francis W. Dempsey 15 
Sumner Bacon 14 
Thomas J. Pilgrim 15 
Luke Lesassier 16 

Gail Borden 18 
Lovelady 18a 

4 Helm, Mrs. Mary S., Scraps of Early Texas History, 46; Smithwick, 
Noah, The Evolution of a State, 69; Wooten, Dudley G., Comprehensive 
History of Texas, 655. 

6 Helm, Mrs. Mary S., Scraps of Early Texas History, 47; Baker, D. 
W. C, A Texas Scrap Book, 76; Smithwick, Noah, The Evolution of a 
State. 69. 

"Helm, Mrs. Mary S., Scraps of Early Texas History, 47; Austin 
Papers; Letter, Kuykendall to Austin, December 2, 1829; Austin to 
Weightman, January 24, 1830; Austin to Weightman, March 12, 1830. 

''Texas Gazette, January 30, 1830; A Visit to Texas, Second Edition, 
228; History of Houston and Galveston, 129. 

s Texas Gazette, January 23, 1830. 

'Texas Gazette, November 6, 1830; Whether this school materialized 
is uncertain. 

w Texas Gazette, November 6, 1830; Edward, D. B., History of Texas. 

"Texas Gazette, October 30, 1830. 

12 Texas Gazette, February 13, 1830; August 21, 1830; Texas Republican, 
February 14, 1835. 

"Texas. Gazette, January 15, 1831. 

"Austin Papers: Letter, Bacon to S. F. Austin, July 30, 1831. 

"Raines, C. W., Yearbook, 37; Baker, D. W. C, A Texas Scrap Book; 
Garrison, Geo. P., Quarterly Texas Hist. Assoc, Vol. V, 121; Texas 
Almanac, 1872, 164; Texas Gazette, February 6, 1831. 

"Austin Papers: Letter, Fisher to Austin, January 22, 1832. 

"Austin Papers: Letter, J. F. Perry to J. McGready, July 12, 1832. 

™Life and Writings of Rufus C. Burleson, 722. 

1 ^Quarterhj Texas State Hist. Assoc, Vol. V, 86-87. 



128 University of Texas Bulletin 





St. Augustine 


?19 




Columbia 


F. T. Wells 20 




Cole's Settlement 


Miss Trask 21 


1834-35 


(Near) Oyster Creek 


David Henson 22 


1835 


Brazoria 


J. A. Brest 23 




William's farm 


T. D. Brooks 24 




Columbia 


Stephen Hale and John 
Chaffin 25 




Austin's Colony 


Cahill 26 


1836 


Montville 


Mrs. Ayres and Miss L. 
A. McHenry 27 




Sparks 's farm 5 miles 


T. D. Brooks 28 




North of Nacogdoches 






(Near) Oyster Creek 


Bennet 29 




Bernardo 


Deans 30 


1837 


Zavala's Point 


Wm. H. Hastings 31 




Matagorda 


Lemuel Grosvenor 32 




(Near) San Augustine 


?33 



"Parker, A. A., Trip to the West and Texas, 119. 

*°The Texas Republican, October 25, 1834. 

21 77ie Texas Republican, February 14 and March 14, 1835; Wooten, 
Dudley G., Comprehensive History of Texas, 655: "The first young: 
ladies boarding school was opened by Miss Trask of Boston at Cole's 
Settlement in January, 1834." This school was opened in December, 
1834, or January 1835; Quarterly State Texas Hist. Assoc, Vol. II, 280; 
Austin Papers: Letter, Miller to Perry, December 10, 1834. 

-Quarterly Texas State Hist. Assoc, Vol. IV, 108-109, 112. 

23 The Texas Republican, February 14, 1835, etc. 

^Quarterly Texas State Hist. Assoc, Vol. XII, 61. 

- 5 The Texas Republican, June 27, 1835. 

^Quarterly Texas State Hist. Assoc, Vol. I, 285-296. 

^Telegraph and Texas Register, November 14, 21, etc., 1835; Quar- 
terly Texas State Hist. Assoc, Vol. I, 286 ; ^ Texas Methodist Hist. 
Quart., Vol. I, 209. 

^Quarterly Texas State Hist. Assoc, Vol. XII, 62. 

-"Quarterly Texas State Hist. Assoc, Vol. IV, 180. 

'"Quarterly Texas State Hist. Assoc, Vol. XIX, 273. 

""Telegraph and Texas Register, June 8, 20, etc., 1837. 

32 Matagorda Bulletin, December 6, 1837. 

S3 Life of Martin Reuter, In Texas Methodist Hist. Quart., Vol. I, 130. 

S4 History of the First Presbyterian Church, 5, 9. 



* Education in Texas 129 

Goodlaw's School 4 miles ? 34 

West of San Augustine 
Washington ? 35 

Velasco Rev. C. Newell 38 

Columbia University W. C. Jenks 37 

Liberty ? 38 

Sam Houston's Hbme Mrs. E. A. Andrews 39 
Houston Mrs. Sawyer 40 

In addition to these pioneer teachers given in the list above 
there were still others of whose labors we have no positive infor- 
mation. Wooten in his Comprehensive History of Texas* 1 men- 
tions among others, Phineas Smith, Mr. Norman, J. W. Cloud, 
and Mr. Copeland. J. W. Cloud is mentioned as teaching in 
Brazoria. 42 When and where the others may have taught we do 
not know. Stephen F. Austin in a letter to his friend, Bell, 
mentions also a schoolmaster, Eccleston. 43 



^Ldfe of Martin Renter, In Texas Methodist Hist. Quart., Vol. I, 130. 

^Telegraph and Texas Register, June 20, July 1, 1837. 

"Telegraph and Texas Register, February 21, 1837. 

^Telegraph and Texas Register, June 18, 1838. 

^Telegraph and Texas Register, November 1, 1837; History of First 
Presbyterian Church, 5, 9. 

"Harris, Mrs. Dilue, The Reminiscences of Mrs. Dilue Harris, In 
Quarterly Texas State Hist. Assoc, Vol. IV, 188. 

"655. 

"Galveston News, April 7, 1907, 20. 

■"Austin papers, August 5, 1823. 



CHAPTER III 

EDUCATION DURING THE REPUBLIC. 

The Anglo-Americans in the Declaration of Independence, 1836, 
charged the Mexican Government with neglecting the establishment of 
a public system of education. This was one of their cardinal griev- 
ances. As we might expect from this protest, an educational provision 
was incorporated in the Constitution of the infant Republic, and a little 
later a fairly generous agrarian endowment was set apart for the estab- 
lishment of a school system. The Congress of Texas evidently had in 
view a complete system, embracing primary schools and academies in 
each county, and two Universities for the entire commonwealth. This 
I system was, however, merely projected for future establishment. In 
the meantime education was fostered by numerous private interests, 
religious denominations, fraternal organizations, and, to some extent 
by municipal enterprise. In a number of cases Congress granted a 
land subsidy to institutions of learning under private management. 
Numerous institutes, academies, and universities for both sexes were 
chartered. The charter of Rutersville College is selected as an example. 
In addition to materials dealing with these matters some quotations 
from contemporary authors are given which furnish a more vivid pic- 
ture of the actual condition of culture existing among the people of 
Texas at this time. 

THE DECLARATION OF INDEPENDENCE MADE BY THE DELE- 
GATES OF THE PEOPLE OF TEXAS IN GENERAL CON- 
VENTION, AT WASHINGTON, TEXAS, ON 
MARCH 2nd, 1836. 



It 1 has failed to establish, any public system of education, 
although possessed of almost boundless resources, (the public 
domain,) and although it is an axiom in political science, that 
unless a people are educated and enlightened, it is idle to expect 
the continuance of civil liberty, or the capacity for self-govern- 
ment. 2 



x The Mexican Government. 

'Gammel's Laws of Texas, Vol. 1. (1065); 

Sayles, John, The Constitutions of Texas, 152; 
. Laws of the Republic of Texas Printed by order of the Secretary of 
State, Vol. I, 5. 



Education in Texas 131 

THE CONSTITUTION OF THE REPUBLIC OF TEXAS 
March 17, 1836. 

GENERAL. PROVISIONS 



Sec. 5. It shall be the duty of Congress, as soon as circum- 
stances will permit, to provide by law, a general system of Edu- 
cation. 1 



PHILOSOPHICAL SOCIETY OF TEXAS 

During the recent session of Congress a number of gentlemen, 
from different parts of the republic, formed themselves into an 
association under the above name, to be established at the seat 
of government, but to be purely scientific and literary in its 
character. 

At a meeting on the 5th December, held at the capital, a con- 
stitution was adopted, and the following gentlemen were elected 
officers : — 

Mikabeau B. Lamar, President, 

Ashbel Smith, 1st 

Robert A. Iron, 2d 

Anson Jones, Zd \Vice Presidents, 

Joseph Rowe, 4th 

David S. Kaufman, 5th 

Wm. Fairfax Gray, Recording Secretary, 

David G-. Burnet. Corresponding do. 

Augustus C. Allen, Treasurer, 

John Birdsall, Librarian. 

Subjects for investigation or discussion were assigned to the 
several members, and a memorial adopted to be presented to the 
Congress, asking a suitable endowment and encouragement for 
the institution. The following preamble to the constitution and 



'Gammel's La'ios of Texas, Vol. 1, ( 1079 ) ; 
Sayles, John, The Constitutions of the State of Texas, 168; 
Laws of the Republic of Texas, Printed by Order of the Seoretary< 
of State; Vol. 1, 18-19. 



132 University of Texas Bulletin 

extract from the . memorial to Congress exhibit in a condensed 
view the scope proposed to be embraced by the society. Objects 
so important to the scientific enquirer generally, and calculated 
to add so largely to the national character and national wealth, 
it is confidently trusted will not only receive the fostering care 
and patronage of the legislature, but will attract the cordial co- 
operation of all the mental energy and literary acquirement of 
our infant republic. 

As a mark of the distinguished regard of the members the 
Hon. Alcee Labranche, Charge d 'Affaires from the United 
States of America, received the compliment of being the first 
foreigner who has been received as a member. 

PREAMBLE 

"We the undersigned form ourselves into a society for the 
collection and diffusion of knowledge — subscribing fully to the 
opinion of Lord Chancellor Bacon, that "knowledge is power;" 
we need not here dilate on its importance. The field of our 
researches is as boundless in its extent and as various in its 
character as the subjects of knowledge are numberless and di- 
versified. But our object more especially at the present time 
is to concentrate the efforts of the enlightened and patriotic 
citizens of Texas, of our distinguished military commanders and 
travellers, — of our scholars and men of science, of our learned 
members of the different professions, in the collection and dif- 
fusion of correct information regarding the moral and social 
condition of our country; its finances, statistics and political 
and military history ; its climate, soil and productions ; the 
animals which roam over our broad prairies or swim in our noble 
streams; the customs, language and history of the aboriginal 
tribes who hunt or plunder on our borders; the natural curiosi- 
ties of the country ; our mines of untold wealth, and the thousand 
other topics of interest which our new and rising republic un- 
folds to the philosopher, the scholar and the man of the world. 
Texas having fought the battles of liberty, and triumphantly 
achieved a separate political existence, now thrown upon her 
internal resources for the permanence of her institutions, moral 
and political, calls upon all persons to use all their efforts for the 



Education in Texas 133 

increase and diffusion of useful knowledge and sound informa- 
tion; to take measures that she be rightly appreciated abroad, 
and acquire promptly and fully sustain the high standing to 
which she is destined among the civilized nations of the world. 
She calls on her intelligent and patriotic citizens to furnish to 
the rising generation the means of instruction within our own 
borders, where our children — to whose charge after all the vestal 
flame of Texian liberty must be committed — may be indoctri- 
nated in sound principles and imbibe with their education re- 
spect for their country's laws, love of her soil and veneration 
for her institutions. We have endeavored to respond to this call 
by the formation of this society, with the hope that if not to us, 
to our sons and successors it may be given to make the star, the 
single star of the west, as resplendent for all the acts that adorn 
civilized life as it is now glorious in military renown. Texas 
has her captains, let her have her wise men." 

EXTRACT FROM THE MEMORIAL 

' ' We further represent to your honorable bodies, that to carry 
into full effect the objects set forth in the above preamble, it is 
contemplated by the society to establish a library; to found a 
cabinet of mineralogy, geology and natural history, to serve as 
a repository for specimens collected in our own borders or sent 
from other countries, to procure philosophical and astronomical 
apparatus, and to obtain suitable buildings for their safe keep- 
ing and use. 

The library of books, the cabinet of specimens, and the ap- 
paratus which it is proposed to obtain, will in the opinion of your 
memorialists be of vast public utility, — of scarcely less advantage 
to the citizens generally, and especially to the rising generation 
than to the members of the society. For it is the design of the 
society to employ these means in diffusing information as exten- 
sively as circumstances will permit. 

To secure to the present association and their successors the 
above named property, and to prevent its division and waste, 
and to enable the society to carry out in as beneficial a manner 
as possible the objects generally as set forth in the preamble 



134 University of Texas Bulletin 

recited above, your memorialists respectfully ask to be consti- 
tuted a corporate body for these purposes. 

It will readily occur to your honorable bodies that donations 
of books, specimens of mineralogy, etc., and of other useful ar- 
ticles may be anticipated from our fellow citizens, and from 
gentlemen residing in foreign countries; provided an act of in- 
corporation should give permanence to the society, and thereby 
an assurance that the donations shall not be divided from their 
original intentions. ' n 

RECOLLECTIONS OF EARLY SCHOOLS 

M. M. KENNEY 

The first school which I remember, though I did not attend it, 
was in Austin's colony in 1835, and was taught by an Irishman 
named Cahill. My older brother, aged about eight years, was 
one of the pupils of that primitive academy, which was distant 
about two miles from our house, and the way was through the 
woods without any road or path. "When he started to school, our 
father was absent and mother went with him, carrying a hatchet 
to blaze the way. 

Of the discipline of the school and its studies, I only know 
that my brother, in relating the experience of several of the 
boys, made the impression on me that the rod was not spared; 
and my recollection of the books is reduced to the arithmetic, 
which I afterwards studied, in which the primitive rules were 
illustrated by engravings ; that for subtraction being a bunch of 
grapes, showing in successive pictures how, after eating two, 
three, etc., so many remained. Thinking that this must have 
been the work of a little boy like myself, I put the lesson into 
practice by purloining from a basket of "forbidden fruit" and 
then producing the arithmetic as authority for the appropria- 
tion — a sally which mother allowed to condone the little sin. 

The next school which I remember, though I did not attend 
that either, was taught in 1836, at a place called Mt. Vernon, 
now in Washington county, by Miss Lydia Ann McHenry, a 
maiden aunt who lived with us. The school was at the house of 
Mr. Ayers, a public spirited man, who was one of the principal 



telegraph and Texas Register, Houston, January 13, 1838. 



Education in Texas 135 

settlers there. I think that Mrs. Ayers and Miss McHenry joined 
in teaching, and they intended to make it a permanent school, 
but the war of the revolution interrupted and it was never re- 
newed. I was then four years old. My sister, two years older, 
attended, and as it was twenty miles away, was of course absent 
from home, which left me very lonesome. How long it was I do 
not know, but it seemed an age, and I had about given her up 
and ceased to grieve, when one day as I was playing under a tree . 
before the door I heard my name called and looking up saw aunt 
and sister alighting from a carriage at the gate. I was so sur- 
prised and overjoyed that I cried instead of laughing— the only 
time I remember shedding "tears of joy;" but had I known the 
cause of their coming, tears would not have been out of place ; 
it was the news of the fall of the Alamo. 

After a perilous delay, father returned from the army to re- 
move his family, and when we crossed the Brazos we heard the 
drums in Santa Anna's army at San Felipe. 

The next school which I remember was at our own house in 
1837. Mss McHenry taught a boarding school for girls and 
mother at the same time a class of- boys. There were in all twenty 
or more lodged and boarded as best we could in our unfinished 
cabins in the wilderness. A brave and cheery company, 

"Whom, borne on fancy's eager wing 
Back to the season of life's joyous spring, 
I pleased remember. ' ' 

If I were a poet I would echo their laughter and portray their 
plays in a volume which should perpetuate their little history 
and the fragrance of the primeval wilds would be wafted 
through its pages. 

The studies were of every grade. The pupils were carefully 
instructed in the art of reading well, and as a help to that end 
were encouraged to memorize verses, some of which I can still 
repeat from hearing them recited so long ago. I remember also 
hearing them recite their grammar and spelling lessons, but of 
course! could not tell how well. Had the school been sustained 
so that adequate accommodations could have been -provided, 
it would probably have had a notable influence in the country. 



136 University of Texas Bulletin 

But it did not prove financially successful, and after two or three 
sessions it was discontinued. 

I have a vivid recollection of learning the alphabet when I 
was about four years old, and mother, who was my teacher, also 
remembered the difficulties of the task. The letter t, of the 
minor type, was the greatest stumbling block. I called it p, and 
remember that I thought it was meant for a picture of a pig. 
The letter s I learned at once, because I thought it was a picture 
of a snake, and I knew that creature hissed. Men of science 
gathering data from ancient monuments of the East, where the 
childhood of the world is in some measure recorded, and from 
barbarous tribes where that state continues, have now at last 
caught up with the former discoveries of the four year olds and 
announce that the alphabet was originally pictures, which the 
exigencies of convenience and rapid use had even in very an- 
cient times shortened into conventional signs; the foreign names 
of the things represented having probably prevented us from 
observing the same as a familiar fact. If the cultivators of 
science would study the mental images formed by those original 
explorers of the world, the three and four year old children, 
they might find hieroglyphics more significant than any that 
were ever sculptured on Egyptian obelisk or propylon. 

I do not know when I learned to read. Mother attended to 
that in the very early morning of life, but I could already spell 
and read very well for a child of seven, when I first went td 
school. It was taught in an unfinished new school house about 
two miles from home, to which my brother and I walked every 
day. The teacher proved inefficient, and after a very brief ses- 
sion the school closed. 

The next school was at the same place in 1838 or 1839, taught 
by Mr. Dyas, an old Irish gentleman, and I think a regular 
teacher by profession. The session was three or four months and 
the studies miscellaneous, but the discipline was exact. He had 
an assortment of switches set in grim array over the great open- 
ing where the chimney was to be when the school house should 
be completed. On one side was the row for little boys, small, 
straight and elastic, from a kind of tree which furnished Indians 
with arrows and the schoolmaster with switches at that time. I 
remember meditating upon the feasibility of destroying all that 



Education in Texas 137 

kind of timber growing near the school house. My terror was a 
little red switch in that rank which I caught too often, usually 
for the offense of laughing in school. The larger switches were 
graded, partly by the size of the boys and partly by the gravity 
of the offense, the gravest of which was an imperfect lesson. The 
third size of rods was of hickory ; tough sticks, which he did not 
use on the little boys, but which he did use on the larger scholars, 
without the least hesitation or reserve, if they failed to get the 
appointed lesson or were derelict in any of their duties. The 
fourth size of switches was of oak and would have been better 
called clubs. These he applied more in the style of the shillalah 
than of the ferule to the largest boys. Some of them ran from 
him, but none ever struck back, it being a point of honor not to 
strike the teacher, though I sometimes fancied that he looked 
disappointed that he did not have a more interesting bout with 
them,- I do not remember that he ever whipped any of the girls. 
As for the studies, we all had Webster's spelling book, and 
were ranked and classed according to our proficiency in that 
great classic. I have forgotten my relative rank at that time, 
and but few attained the end. The last few pages contained 
some stories and fables, intended for reading lessons, illustrated 
with engravings, and the last of these had a picture of a wolf, 
by some accident well executed — a fact which tended to establish 
the book in our estimation, because we saw wolves every day. 
"The picture of the wolf in the spelling book" thus became the 
synonym of graduation. Whether it originated with us or not I 
do not know, but the expression was long used in a humorous 
sense as equivalent to a diploma, and when it was said of a boy 
that he had studied to "the picture of 'the wolf in the spelling 
book" his proficiency was not afterward questioned. The best 
class in reading used a text-book called "the English Reader," 
consisting of extracts from the writings of eminent authors, 
chiefly dry didactics and some poetry. My brother was in that 
class and also in a class by himself reading Goldsmith's History 
of Greece. The pupils brought such books as they happened to 
have, and one young man had Robinson Crusoe for his reading 
book. His recitations interested me greatly, but I apprehend 
that my attention was given to the adventures of Crusoe rather 
than to the teacher's precepts for reading well. Several had 



138 University «/ Texas Bulletin 

Weem's life of Washington, in which the story of the little 
hatchet and the cherry tree was most impressed upon our mem- 
ory. It grieves me yet that criticism has thrown doubt on the 
verity of a story which so successfully impressed children with 
the honor of veracity. One boy had an illustrated edition of 
Goldsmith's Natural History, and there were a variety of other 
books, nearly all by famous authors. 

We had a variety of arithmetics, and it was during- this school 
that a consignment of new slates and pencils arrived, not enough 
to go around, but some of the boys got a new outfit. The im- 
pression it made on me was one of surprise at the seeming 
abundance of the material. From the care which we had to take 
of our fragments of old slates and stubs of pencils I had some- 
how imbibed the idea that with their going the world would see 
the last of the slates; but here, to my relief, I found that the 
supply would keep up with the forest switches which I had in 
mind to extirpate. There were no classes in arithmetic ; each boy 
ciphered through his text-book as fast as he could, and the stern 
teacher pointed to the errors with the switch held like a pen, and 
a minatory wag of the head that meant correction. One boy, or 
young man, for he was nearly grown, persisted in carelessness as 
to the relative position in which he wrote the figure on his 
slate, not under each other, in perpendicular lines, with sufficient 
exactness. After several admonitions Old Dyas attacked one day 
with one of the shillalah class of switches, but only got in a blow 
or two before the spry youngster sprang out of a window (there 
were no shutters, much less glass). But then arose the dilemma 
that his hat was inside the school house. To come after it was to 
beard the lion in his den ; to go without it was to blister in the sun. 
After some maneuvering, however, one of the boys threw his hat 
out of the Avindow, and, pulling it over his ears, he made his es- 
cape. He came back, though, in a day or two, in a good humor, 
and the school went merrily on. I knew this boy as a man for 
many years after, and, having occasion to go over some calcula- 
tions with him, I was amused to see that although he neither 
wrote a good hand nor ciphered well, yet he placed the figures 
under each other with the precision of a printed book. A few 
days of Old Dyas in the public schools now would probably 
eliminate one prolific source of errors. 



Education in Texas 139 

We walked morning and evening to school, carrying- our din- 
ners in tin pails and milk in a variety of bottles. Some had 
clear glass, some green glass wine bottles, and some had black 
or junk "bottles. A contention having arisen among the boys as 
to the relative strength of these wares, it was submitted to the 
test of striking the bottles together, the boys whose bottles were 
broken admitting defeat — which, in some vague way, I thought 
involved humiliation — while the boys whose bottles survived 
the conflict vaunted their victories. I do not see why it never 
occurred to us that the finer ware would suffer in the conflict 
and the coarser prevail, but so it was. Bottles were of vastly 
more value then than now, and some of the small boys having 
•cried about their loss, brought in the teacher with his switches 
to umpire the game, and he decided to administer impartial fate. 
I do not remember the number of strokes, but I remember 
thinking it unjust that the boys who had lost in the game should 
suffer as much in the award as those who prided themselves on 
their stock of infrangible glass. For many years, however, I 
have coincided with the old teacher's view, and wish that his 
policy could be extended to parties and nations as well, they 
being but children of a larger growth. 

Though the hours of school seemed to me of wearisome length 
yet school was turned out time enough for us all to go leisurely 
home before sundown. Our house was about two miles, most of 
the way across a prairie, but crossing a small stream, whose clear 
water babbled over "the stones in the brook" where I loved to 
play. My brother would sometimes wait with me, but he sat ou 
the bank, very much engaged in his books. I remember his 
puzzling over the mystery of the extremes and the means in the 
rule of three, and saying that if he could learn that rule and the 
square root he would be through the arithmetic and would 
"know it all." The Eobinson Crusoe boy, of whom I have 
spoken, accompanied us to school, and one day took it into his 
head to teach us some arithmetic. There were five cows grazing 
by the side of the path, and he maintained that there were four- 
teen, proving it in this way : There are four in a bunch on the 
right and one by itself on the left ; four on the right and one on 
the left make fourteen. We admitted the correctness of the 
numeration in the abstract, but could not see the cows in the 



140 University of Texas Bulletin 

concrete. "Well," said lie, "apply your arithmetic; when you 
buy cattle count the old way, but when you sell cattle numerate 
them." For some reason this little jest remains in memory, and 
I have moralized upon it, like Dr. Franklin on his whistle, until 
at times it seems that the world is divided into two principal 
classes — those who count in the old way and those who "num- 
erate. ' ' 

To everything there comes an end, and so at last Dyas' school 
also ended, and one little scholar at least went running home joy- 
fully carrying his books to stay. The patrons of the school were 
much pleased with our old teacher and he with his new location. 
They had arranged for him to open a permanent academy, and 
he departed for Ireland to bring his family. He sailed from New 
Orleans, but the vessel was never afterwards heard of. 

The next school which I attended was taught in the same place 
in the year 1840 by Mr. Cummins, a young man from the States 
— that was as near as I ever learned the country of his nativity. 
He understood what he taught, and taught what he understood. 
His discipline was as severe, if not more so than that of Dyas. I 
could not compare- their teaching, but I learned more perhaps 
only because I was older. We were ranked and arrayed in two 
spelling classes — the senior and the junior; and of course all in 
Webster's spelling book. I with a few others belonged to both, 
and it became a consuming ambition with me to be head of both 
classes, in which I succeeded once or twice, "and then I left it 
like a child." I have followed many greater ambitions of less 
importance. We reached and mastered "indivisibility" and un- 
intelligibility, and physic and phthisic and other long and hard 
words. Indeed, came at last to the closing lessons, where there 
was a column of words pronounced alike but spelled differently, 
the first two of which were "air, the atmosphere; are, plural of 
am." Now I hear it is considered style to pronounce are arr. 
They don't know the spelling book; are should be pro- 
nounced air. Further on there was a lesson in punctuation, 
which Mr. Cummins required us to memorize, giving it in 
charge on Friday evening; but the words were long and tough, 
and when Monday morning came, we came up unprepared. Not 
so the teacher ; he did not go after a switch, he already had one 
and applied it without delay. Beginning at the head of the 



Education in Texas 141 

class, he dusted every jacket in the rank down to the foot and 
sent us all to our seats to learn it before playtime. "We learned 
it. I can say it yet. There was also a lesson in the same con- 
nection, in which the letters of the alphabet occurred in a hori- 
zontal line. This lesson, a chum and I thought we could read 
with facility, and we had planned that when this came to us we 
would see which could say the a b c's the fastest. I believe he 
suggested this exploit, and the irony of fate awarded him the 
lead. He was hardly half way before the teacher was upon 
him with the switch. The offense was that there was a comma 
after each letter, indicating a pause. My old schoolmate is liv- 
ing yet. I hear that he is a preacher. I have not heard him, but 
will vouch for him that he knows one important lesson not al- 
ways learned by clergymen, namely, to mind the stops. We got 
through the lessons on punctuation and read of the old man and 
the apple tree, old dog Tray and the rest, and finally passed the 
picture of the wolf, and so were graduates, if not proficients. 

It was at this school that some of Peter Parley's new school 
books arrived : geography, astronomy, and what not. I was per- 
mitted — or required, I forget which — to take lessons in his very 
primitive astronomy, and in truth was much interested and 
perhaps vaunted my superior course of study over the other 
boys. Be that as it may, I came to grief over the constellation 
of the great bear, which was one of the pictures in the book. In 
that picture the bear's hind legs bent backward like those of a 
dog. There was a pet bear chained at almost every other house, 
and all the boys knew that a bear's hind legs bent forward like 
a man's knees, and so they voted my new book the work of an 
ignorant impostor. "Will the makers of books never learn that 
a false picture is a falsehood? 

We were taught arithmetic, whether well or ill, I do not re- 
member ; but I do remember that finding our slates growing 
continually dirty, we thought it a good plan to take them to the 
creek for a general washing, and once there, the abundance of 
sand suggested that it Avas a good scouring material and we 
proceeded to scour the slates, covering them with marks which 
we had not calculated upon. 

An anecdote is related that somewhere a boy carried his slate 
to the teacher and asked this deep question, "Where do all the 



142 University of Texas Bulletin 

figures go to when they are rubbed out?" I can tell him where 
our complicated marks and scratches went. They went with the 
slates to puzzle the future antiquaries who may exhume their 
fragments. 

We had a variety of. reading books ; mine was the National 
Reader, a compend of extracts from notable modern authors, 
most of them American. One boy had Aesop's Fables for his 
text-book, and I was greatly interested in . his recitations ; so 
much so that I attempted compositions in the same vein, compo- 
sitions in which I fear that the adventures of the animals were 
more in evidence than the moral. 

Our games and sports were much the same as now, but we had 
also adventures with wild animals, some of which were exciting 
as well as amusing. They should be memorable, though they 
can not recur in this country until after the next ice age. 

Our teacher joined a company of volunteers to invade Mexico, 
known in history as the Federal Expedition, and their departure 
gave us an unexpected holiday. After their return, he stopped 
at our house, and I hardly recognized the prim and tidy school 
teacher in the bronzed and war-worn soldier with his grim ac- 
coutrements. I listened with eager interest while he told my 
father of their marches and battle and Xenophonian retreat- 
Time and experience has not lessened the high opinion I then 
formed of the military talent of their commander Col. Jordan. 
Mr. Cummins volunteered- in the Texian army to repel the in- 
vasion of 1842, and fell at the battle of Salado. 

In the fall and winter of 1841 and 1842 another school house 
materialized as far to the east as the other was to the west, 
nearly two miles from home. It was a neat log house in a grove 
in the prairie, with no spring near, but the patrons substituted 
a well. I had then for the first time to experience a winter 
school. The house was an improvement on the other, in that it 
had shutters to windows and door; glass was still far in the 
future. We had also a chimney and wide fireplace where we 
kept a roaring log heap in cold weather, when the neighbors 
brought wood on their wagons, which they did turn about, and 
a flaming, crackling brush heap when we had to bring fuel by 
hand from the neighboring woods. The teacher was both com- 
petent and qualified mentally, and his scholars advanced well on 



Education in Texas 143 

all lines. Here an innovation broke in, for the world advanced 
backward and forward then as well as now. The new book was 
Town's spelling book, with columns of words arranged without 
the slightest regard to etymology or affinities of orthography, 
and further obscured by parallel columns of synonyms styled 
definitions, which we were required to memorize. This fool fad 
was of course hailed as a great improvement. I have since 
learned that it returns, like fashions, periodically. It has ap- 
peared and disappeared once or twice since. 

Our teacher essayed to teach mental arithmetic orally to the 
school assembled, as the legislative journals say, "in committee 
of the whole." The teaching, as it was somewhat violently 
called, was carried on by sudden questions on this dense subject, 
which we were expected to answer in the style of an exclamation. 
He was more successful with his singing geography, where, be- 
ginning at Baffin's Bay and going south around the continents 
of the Western Hemisphere, the names of all the bays were 
chanted in a unity of discord and loud voices, the pupils fol- 
lowing with finger on map and the chant continuing until the 
last one had found the bay as well as the name. Then followed 
the capes, islands, mountains, rivers, etc. There was a certain 
merit in this system which has not been successfully incorporated 
in any other. We became familiar with the outlandish proper 
names in geography, and formed a general idea of their import 
and locality. It was a sort of game, also, and we took delight in 
singing to a dull fellow until he found the object and escaped 
to the winning side, usually taking revenge by joining the 
screech to the next below until he also escaped. It beat a whip- 
ping to make them diligent. In reading, our teacher was fair 
only, but in penmanship he was excellent and successful, not- 
withstanding my failure to profit by his precepts and examples. 
He whipped the children cruelly, and I think more from petu- 
lance on his part than fault on theirs, and the girls were not 
spared. At this school one dark winter evening a neighbor 
visited us, and after we were dismissed, announced, as a piece 
of news to carry to our parents, that the Santa Fe expedition 
had arrived at that place and surrendered without firing a gun. 
I well remember the shade that passed over the boys 'faces at 
the unwelcome tidings. 



144 University of Texas Bulletin 

In February, 1842, I was taken on a journey to the States, 
which cut short my attendance ; but soon after I left an invasion 
reached San Antonio; the larger boys went to the war and the 
school closed. 

In the spring of 1843 another school opened in the same place, 
taught by R. B. Wells, a Methodist minister, who had been sent 
to our circuit that year. I think he was originally from Georgia, 
though I am not sure ; he may have come from Virginia. Wher- 
ever he may have been born and bred, he was a scholar well 
qualified in every way to teach almost any branch of learning, 
and withal a gentleman. This school was the first I had seen or 
heard of that dispensed with the rod in school. He managed to 
keep order by keeping the children busy and by a dignified and 
gentle sway; he never had a switch and never needed one; he 
never whipped and never threatened but once, and that was to 
some boys or young men as large as himself. Besides the ancient 
routine of reading, writing, and arithmetic, he had classes in 
grammar, history, geometry, and surveying, and a class of one, 
the author of these memoirs, in Latin. He managed to give 
attention to all and keep the students interested, and I believe 
that each and every one of them was richly rewarded mentally 
and morally for the time and attention given at Wells' school. 
As a teacher, he had one fault, a very common one then, as now — 
he did not always begin at the beginning, and knowing the 
subject so well himself, he could not well discover what the 
difficulties were which often puzzled primary students. If once 
he knew what the difficulty was, no man that ever I knew could 
more easily and quickly lead the pupil out of it, but he was 
slow in discovering rudimentary difficulties. I remember puz- 
zling over an arithmetical problem for several days; a time 
which seemed to me months long. The teacher could not, or at 
least did not, understand my difficulty, which was so simple that 
a very stupid fellow in the neighborhood easily explained it to me 
in a few moments; perhaps because he knew how to reach the 
comprehension of his kind, in which our excellent teacher was 
at fault — over-shooting as it were. But the more advanced a 
student became, the more easily and thoroughly did Mr. Wells 
carry him forward. I remember his lamenting that there was no 
copy of Euclid to be found in the neighborhood, and when I 



Education in Texas 145 

searched my father's library and found a copy which had been 
through the wars and moves, and was torn and deficient of some 
of the first books, he hailed it as a treasure, nor was he in the 
least put out that the remnant began at the 47th proposition, 
either because he remembered all that went before or because 
he did not consider the mere beginning particularly important. 
And here I digress to move the Text-book Board to re-elect old 
Euclid for another term of two thousand years, for in all that 
time no other text-book has appeared that will at all compare 
with his. 

Mr. Wells did not confine his exertions for our advancement 
to his little school nor to his Gospel ministry, but he also started 
an emulation among the young men to read well in the works 
of the great writers of our tongue. My brother read the English 
translation of Plutarch's Lives and Shakespeare's plays, in the 
latter of which his taste chose King Henry V., which he almost 
memorized. A companion of his was the best reader of the Eng- 
lish language, except one, that ever I have heard. During that 
summer I read Scott's Life of Napoleon and attacked Blair's 
rhetoric, though with problematical success. One of the boys who 
was not at all literary in his taste, yet mastered the Life of 
Putnam, and when we found a den of wolves, proposed to emu- 
late his hero by crawling in after them, but we dissuaded him 
and found a better plan by smoking them out and shooting as 
they emerged. We had Parley's Universal History, then a new 
book, w T hich had many merits in the eyes of a child and not a few 
in the eyes of this grown person. We had also then, as now, 
books called "readers intended for the use of schools," among 
which the English Reader and the National Reader still held 
first place. The school was in summer time, and during the long 
hot days the wild cattle came to the grove around the school- 
house to stamp in the shade. Their bellowing and fighting often 
monopolized our attention to the annoyance of the teacher, and 
often serious danger to our horses. 'Tis an ill wind that blows 
nobody good. It was necessary to drive these cattle away, which 
was by no means the simple thing it is to drive gentle cattle. We 
had to go in force, and when the enemy was routed we w r ere apt 
to become dispersed in pursuit and it took time to rally. We had 
many plays which I observe are still in vogue with schoolboys. 



146 University of Texas Bulletin 

But our favorite sport was to ride away at noon for a swim in 
some shady pool in the neighboring streams, and we all became 
good swimmers. After the swim, we ran our horses back to the 
school-house. A level piece of road leading from the school- 
house suggested a race track, where we tried the speed of our 
"nags'' with merry races, in which the girls rode as well as the 
boys, and w r on many equestrian contests. We also had swings 
for the girls and various athletic exercises for the boys. I be- 
lieve that we had more sport and genuine enjoyment and at the 
same time gave more attention to our studies at this school than 
any other I have known either before or since. 

With the close of summer, our school closed, when I was eleven 
years old. The teacher remained in the neighborhood for some 
time and wherever he was it seemed as if school was in session 
from the numbers who came to him for instruction, especially 
young men. He did. not resume his school, but removed to an- 
other part of the country, where, years afterward, he closed his 
useful life. No towering monument with marble piled around 
marks the tomb of Robert Barnard Wells, but the light which 
he let shine before men still gleams through the clouds of time. 1 

ADDRESS OF HON. ROBERT I. WALKER 
U. S. SENATOR FROM MISSISSIPPI. 

HOUSE OF REPRESENTATIVES 
Thursday, June 1, 3 o'clock. 



Need I say to the Congress of Texas, how momentous is the 
charge entrusted, to your hands. You are establishing the fun- 
damental laws of a new republic! Go on in the glorious work 
you have so nobly begun. Encourage, as you propose to do, the 
universal diffusion of knowledge, and of pure and virtuous 
principles throughout the land; remembering that the eyes of 
the world are upon you, and the destiny of your country is in 
your hands. Let your Universities, your Academies, your 
schools, be erected soon upon those smiling prairies and beau- 



"Kenney, M. M., Recollections of Early Schools. In 
Quarterly of the Texas State Hist. Assoc, Vol. I, 258-296. 



Education in Texas 147 

tiful forests, where your valor has established an independent 
government and your cup will overflow with blessings ; your name 
will be inscribed upon the roll of nations, "Above all Greek, 
above all Roman Fame." 1 



FIRST LEGISLATION ON EDUCATION 

Monday, April 23rd, 1838. 



Mr. Rusk, with leave, introduced a memorial 2 from sundry 
citizens of the Republic on the subject of a system of popular 
Education ; which was referred to a special committee, consisting 
of Messrs. Rusk, Jones, of Brazoria, and Wyatt. 



Tuesday Morning, 1st May, 1838. 

Mr. Jones, 3 of. Brazoria, from the committee to whom was 
referred the memorial of A. J. Yates 4 and others, on the sub- 
ject of education, made a report, and introduced and recom- 
mended the passage of a resolution providing means for the 
establishment of a general and uniform system of education, 
under the control and direction of Congress. Adopted. 



Thursday Morning, 10th May, 1838. 

Mr. Gant introduced a bill to provide for the building of court 
houses, jails, academies, &c. ; which was read a 1st time. 



1 Telegraph and Texas Register, June 3, 1837. 

2 The memorial has not been found. 

3 Anson Jones, later elected President. 

4 Yates came from New Orleans to settle in Houston. He was a 
vigorous advocate of schools. See letter from Yates to President 
Lamar, page 181-185. 



148 University of Texas Bulletin 

Friday Morning, May 11, 1838. 



Friday Evening, Three o'clock. 

The joint resolution providing means for a permanent system 
of Education, was read a second time. 

The blank in the first section was filled with "ten thousand 
acres, ' ' 

On motion of Mr. Jones of Austin, the bill was referred to the 
committee on the judiciary. 1 

ANSON JONES ON EDUCATION 



July 28th, 1838. In conversation with Mr. Ward, he stated 
that one of the principal objections which he had to going to 
Texas, and taking his family, was the want of schools there ; that 

it was bad enough in New Orleans in this respect 

. . I tried last spring to procure an appropriation of the pub- 
lic lands for the purposes of education, and made a report to 
Congress on the subject. They referred it to the Judiciary 
Committee, who defeated the project, by delaying any action on 
it until the last day of the session. Branch was chairman, and 
I scolded him about it. Wm. H. Wharton has promised to bring 
the matter up again next session. 2 



FIRST CONGRESSIONAL COMMITTEE ON EDUCATION 

Houston, 

Tuesday, November 6, 1838. 



On motion of Mr. Baker, Messrs Baker, Cullen, Butler, Jones 
and Wright were appointed a committee on education. 



1 Journal of the House of Representatives of the Republic of Texas, 
Second Congress — Adjourned Session, 31, 66, 100, 110. 

2 Jones, Anson, Memoranda and Official Correspondence Relating to 
the Republic of Texas, 27. 



Education in Texas 149 

Mr. Baker having asked to be excused, Mr. Wharton was sub- 
stituted in his stead. 1 



EARLY BILLS ON EDUCATION 

Joint Eesolution granting lands to each county 
for the purposes therein named. 
Read 1st time 22nd Nov. '38. 
Read 2nd time 28 Nov. '38. 
Resolved &c. 
I s that there shall be granted to each county of this Republick 
and Each County that may be hereafter created two Leagues 
of Land for the Exclusive benefit and use of Education of 
Poore children of sd county 
2 d be it further Enacted that it shall be the Duty of the chief 
justice of Each County to order and Election in these Re- 
spective countys by the qualifyd voters to Elect 5 trustees 
citisans of sd county 

3 and it shall be the Duty of sd trustees as soon as Elected 
to Locate two Leagues of any public Lands in this Republick 
for the benefit of poor schools 

4 be it further enacted the any county surveyor or Legal au- 
thorized Debty shall be authorised to survey any Lands 
pointed out to them by sd trustees and forward the Field 
notes to the Conmishear of the General Land office whos 
duty it shall be to cause the same to be patended to the said 
Trustees and their sucesessor in office 

and be it further Inacted that the said trustees so Elected 
by a magority of the legal voters of Each County shall be 
and they are mad a body Politick in der (under) the same 
Laws and Regulations of the Law to govern and regulate 
the Decalb Colledge 2 . 



Journal of the House of Representatives of the Republic of Texas, 
Regular Session of Third Congress, Nov. 5, 1838, 10. 
2 In the vault of the Secretary of State. 



150 University of Texas Bulletin 

Dec. 5, 1838 

Bill to set aside four leagues of land to each county 



Sec 5th It is hereby declared that all lands so located shall 
be held sacred for the purpose of promoting the diffusion of 
elementary knowldge within the Republick and shall be disposed 
of for that purpose alone by future Legislation. 1 



MESSAGE OP THE PRESIDENT 
MIRABEAU B. LAMAR 

Lamar was elected President of the Republic in 1838. His interest 
in schools and educational matters was profound and intelligent and 
was widely known. He received many appeals from people both withi.i 
and without the State setting forth the benefits of education and 
suggesting laws which should be enacted. In his first address is a dis- 
cussion of education which deserves to be considered a classic. 



Thursday, December 20th, 1838. 



FELLOW CITIZENS OF THE SENATE AND 
HOUSE OF REPRESENTATIVES. 



If we desire to establish a Republican Government upon a 
broad and permanent basis, it will become our duty to adopt a 
comprehensive and well regulated system of mental and moral 
culture. Education is a subject in which every Citizen, and 
especially every parent, feels a deep and lively concern. It is 
one in which no jarring interests are involved, and no acrimoni- 
ous political feelings, excited; for its benefits are so universal 
that all parties can cordially unite in advancing it. It is ad- 



*In the vault of the Secretary of State. 



Education in Texas 151 

mitted by all. that cultivated mind is the guardian genius of 
Democracy, and while guided and controlled by virtue, the 
noblest attribute of man. It is the only dictator that freemen 
acknowledge, and the only security that freemen desire. 
The influence of Education in the moral world, is like light in the 
physical; rendering luminous, what before was obscure. It 
opens a wide field for the exercise and improvement of all the 
faculties of man, and imparts vigor and clearness to those im- 
portant truths in the science of Government, as well as of mor- 
als, which would otherwise be lost in the darkness of ignorance. 
Without its aid, how perilous and insufficient would be the de- 
liberations of a Government like ours? How ignoble and use- 
less its legislation for all the purposes of happiness? How 
fragile and insecure its liberties? War would be conducted 
without the science necessary to insure success, and its bitter- 
ness and calamities would be unrelieved by the ameliorating 
circumstances which the improved conditions of man has im- 
parted to it. And peace would be joyless, because its train would 
be unattended by that civilization and refinement which alone 
can give zest to social and domestic enjoyments, — and how 
shall we protect our rights if we do not comprehend them 1 And 
can we comprehend them unless we acquire a knowledge of the 
past and present condition of things, and practice the habit of 
enlightened reflection? Cultivation is as necessary to the sup- 
ply of rich intellectual and moral fruits, as are the labors of the 
husbandman to bring forth the valuable productions of the 
earth. But it would be superfluous to offer to this Honorable 
Congress any extended argument to enforce the practical im- 
portance of this subject. I feel fully assured that it will in that 
liberal spirit of improvement which pervades the social world, 
lose not the present auspicious opportunity to provide for liter- 
ary institutions, with an influence commensurate with our- 
future destinies. To patronize the general diffusion of knowl- 
edge, industiy, and charity, has been near the hearts of the 
good and wise of all nations; while the ambitious, and the ig- 
norant would fain have thwarted a policy so pure and laudable. 
But the rich domes and spires of edifices, consecrated to 'these 
objects, which are continually increasing in numbers, throwing 
their scenic splendor over civilization, and attesting the patriot- 



152 University of Texas Bulletin 

ijsni of their founders shew that this unhallowed purpose has 
not been accomplished. Our young Republic has been formed 
by a Spartan Spirit. Let it progress and ripen into Roman firm- 
ness, and Athenian gracefulness and wisdom. Let those names 
which have been inscribed on the standard of her national glory, 
be found also on the page of her history, associated with that 
profound and enlightened policy, which is to make our country 
a bright link in that chain of free States, which will some day 
encircle, and unite in harmony, the American Continent. Thus, 
and thus only, will true glory be perfected. And our nation, 
which has sprung from the harsh trump of war, be matured 
into the refinements, and the tranquil happiness of peace. Let 
me therefore urge it upon you, Gentlemen, not to postpone this 
matter too long. The present is a propitious moment, to lay the 
foundation of a great moral, and intellectual edifice, which will 
in after ages be hailed as the chief ornament and blessing of 
Texas. A suitable appropriation of land to the purpose of gen- 
eral Education, can be made at this time without inconvenience 
to the Government or the people; but defer it until the public 
domain shall have passed from our hands, and the uneducated 
youths of Texas, will constitute the living monuments of our 
neglect and remissness. To commence a liberal system of ed- 
ucation a few years hence may be attended with many difficul- 
ties. The imposition of taxes will be necessary. Sectional jeal- 
ousies will spring up; and the whole plan may be defeated in 
the conflict of selfishness; or be suffered to languish under a 
feeble and inefficient support; a liberal endowment which will 
be adequate to the general diffusion of a good rudimental edu- 
cation in every district of the Republic, and to the establish- 
ment of a University where the highest branches of science may 
be taught, can now be effected without the expenditure of a 
single dollar. Postpone it a few years, and millions will be 
necessary to accomplish the great design. 



(Signed) MIRABEAU B. LAMAR. 1 



^Journal of the House, Third Congress, 168-170. 



Education in Texas 153 

ANOTHER EARLY BILL. 

Monday, De?. 31st, 1838. 



Mr. Cook introduced a bill entitled an act to raise a public 
revenue of three hundred thousand dollars for the promotion of 
public schools by a lottery, which was read a 1st time. 1 



Three 'clock P. M. 



Mr. Cook introduced a bill entitled an act to raise a public 
revenue for the creation and perpetuity of public schools, which 
was read a 2d time, and one hundred copies ordered to be 
printed. 2 

REPORT OF THE COMMITTEE ON EDUCATION 

Friday, January 4th, 1839. 



Mr. Cullen, from the committee on education, made the fol- 
lowing report : 3 



Journal of the House, Third Congress, 243. This bill has not been 
four** 

-Ibid., 246. This bill has not been found. 

3 In connection with this report the following statement is of interest: 

Rockville, Ind., Feb. 28th, 1879 

Education in the Republic — I notice some stirring writing in the 
Texas Presbyterian of this week, on the subject of education. I am sorry 
to hear of the charge of indifference to the subject by so large a por- 
tion of the population. Let me give a reminiscence on the subject. 

In Nov. 1838, the Second (Third) Congress of the Republic met in 



154 University of Texas Bulletin 

The committee to whom was referred the subject of education 
as well as that part of the President's message relative to the 
same, have not been able to devote that time, and bestow that 
reflection upon the subject which the importance demands. Your 
committee, however, trust that the report they now submit for 
your consideration will prove satisfactory; for, as has been justly 
remarked by the President, "the influence of education in the 
moral world is like light in the physical, rendering luminous 
what was before obscure." It opens a wide field for the exer- 
cise and improvement of all the faculties of man, and it imparts 
vigor and clearness to those important truths in the science of 
government, as well as of morals, which otherwise would be lost 



Houston. In the appointment of the House Committee, Col. John "Whar- 
ton was first on the Committee on Education. A few days after Con- 
gress met, he was laid upon a sick bed. His disease proved fatal in a 
few days. I was then chaplain of the House, and, at his request, 
visited him several times during the earlier stage of his sickness. Dur- 
ing one of these visits, he requested me to write a Report for the Com- 
mittee on Education, of which he was the Chairman. In compliance 
with his request, I wrote 1 an extended Report, urging the importance 
of the early attention of Congress to make timely and ample provision 
for education, as the only safe ground of hope for the permanent pros- 
perity of the Republic, and to foster such measures as would raise the 
vocation of the teacher to respectability and honor. After Col. Whar- 
ton's death, I handed the Report to the next member of the Committee, 
supposing that, of course, he would be chairman. But the member who 
was appointed in Col. Wharton's place claimed the chairmanship, took 
the paper that I had prepared, wrote a page or two by way of introduc- 
tion, and had it and my paper read as being his own, without a word 
of explanation. He was from the - Red Lands, I have forgotten his name. 
I suppose the Report 2 is still in the archives of the Republic, in my hand 
writing. If the Wharton brothers had lived, I think the cause of 
education would not have slumbered so long. 3 

'■Compare Quarterly Texas State Hist. Assoc., Vol. XVII, 286. 

x "An investigation did not locate the manuscript. The body of the 
report is in Allen's style." Note by Mr! E. W. Winkler in the Quarterly. 

3 Allen's Reminiscences. In Quarterly Texas State Hist. Assoc, Vol. 
XVII, 302-303. Reference to page 148 will show that Mr. Allen's state- 
ment is somewhat inaccurate. Mr. Cullen who made the report was the 
next in order on the original committee. However, a careful study of the 
report will show that it was probably the work of two men writing at 
different times. A report of the clerk of the House on December 26, 
1838 lists Jas. L. Lester as chairman of the Committee on Education. 



Education in Texas 155 

in the darkness of ignorance. Nothing is so essential in a free 
government as the general diffusion of knowledge and intel- 
ligence of every kind. Education confers private happiness ; it 
gives political strength and importance ; it exalts the mind, refines 
the passions, polishes the manners, and promotes virtue ; it is the 
foundation of civil and religious liberty, and constitutes national 
strength and glory. For it has been truly said, ' ' that knowledge is 
power, ' ' and it is to the enlightened influences of education that 
England, Prance and the United States of the North, are en- 
debted for the proud and enviable station that they now occupy 
among the nations of the earth ; and the want of education has 
no doubt been the principal cause of "fair and lovely Greece," 
once the nursery of the arts and sciences, and proud Rome, once 
the mistress of the world, being in their present wretched and 
oppressed condition. , 

Ignorance is the mother of vice and superstition; and with 
its concomitant train of evils, no doubt, has rendered our ene- 
mies, the Mexicans, as weak and contemptible as they are. 

Your committee views it as one of the first and paramount 
duties of Congress to provide a system of general education; 
and although it is not in our power to carry into effect imme- 
diately a general system, yet we should lay the foundation while 
it is in our power, by making suitable appropriations of the 
public domain, and setting the same apart to enable us so soon 
as our situation will permit, to establish primary schools and 
colleges, where every class can alike receive the benefits and 
blessings of education. 

Intelligence is the only true aristocracy in a government like 
ours; and the improved and educated mind has, and will ever 
triumph over the ignorant and uneducated mind ; and our sepa- 
ration from Mexico, and consequent revolution, is to be attrib- 
uted, in a great degree, to the difference between the Texians 
and the Mexicans, in their mental culture and improvement, and 
consequent powers and superiority. 

By recurring to our declaration of independence, your com- 
mittee find the following, among other reasons assigned, for dis- 
solving our connection with the Mexican government, viz: It 
(that is the combined despotism of the sword and the priesthood 
into which the government had settled down) has failed to es- 



156 University of Texas Bulletin 

tablish any public system of education, although possessed of 
almost boundless resources, (the public domain.) And to aggra- 
vate this just cause of grievance, it is declared to be an axiom 
in political science that unless a people are educated and en- 
lightened, it is idle to expect the continuance of civil liberty, or 
capacity for self-government. 

Your committee, after calm and deliberate reflection on the 
subject, and aided by the light of history, see no cause to pollute 
(paliate) the criminal negligence of the despotic government of 
Mexico during our connection with it, in failing to appropriate 
the ample means at its command for the education and en- 
lightening of its youthful population, nor are they, for a moment, 
disposed to question the truth of the axiom upon which this 
cause of grievance is based. 

Acquiescing, therefore, fully, both in the cause of complaint 
and in the justness of the axiom from which it arises, your com- 
mittee have been led to inquire what has been done to vindicate 
the sincerity and consistency of the people of Texas in urging 
the above reasons for dissolving all connection with the hateful 
and intolerable despotism of Mexico, and resorting to the ex- 
periment of self-government? If we could not secure the edu- 
cation of our youth while connected with that people, for the 
want of power to control the disposition of the public domain, 
are we now, that we have taken this very power into our hands, 
so employing this domain, or any portion of it, for the promo- 
tion of domestic education ? Have we, as a people, acted as if we 
verily felt the grievance of which we complained, or the truth 
of the axiom, "that unless people are educated and enlightened, 
it is idle to expect the continuance of civil liberty or the capacity 
of self-government? 

What must an "impartial world," to whom we felt bound to 
submit a statement of our grievances, think when they see none 
of that "public domain," which we consider ourselves justly to 
have wrested from the oppressor, set apart for the purpose of 
educating those whose interests we complained had been grossly 
neglected, and see us making no practical application of one of 
the most certain maxims of political science ? Does not a regard 
to the sincerity of our professions before the world — a regard to 
consistency and truth, as well as a regard to the interests of our 



Education in Texas 157 

country, demand the prompt attention and efficient action of 
Congress, in relation to this momentous subject ? 

To excite such attention, and to secure such action, your com- 
mittee beg .leave further to suggest, that although not furnished 
with the requisite data for anything like an accurate estimate 
of the number of children now in the Republic, and of a suitable 
age to enjoy the benefits of a good schools, or of the number 
absolutely destitute of such advantages, yet they are compelled 
to believe that the proportion of the latter class to the whole 
number now in the country, is very great. Your committee see 
it stated on what appears to be good authority, that in the State 
of Pennsylvania out of 400,000 children of a proper age to be 
enjoying the advantages of schools, only 250,000 are in the 
actual enjoyment of such privileges, i.e. three-fifths, or a little 
more than half the whole number of children. In the States, 
West and South-west of Pennsylvania, probably a. much smaller 
proportion are found in reach of school instruction. And all this 
destitution, notwithstanding the comparative age, and tranquil- 
lity, and dense population, and prosperity of those States. What, 
then, must be the absolute destitution of very much the larger 
portion of the youth of our country — scattered as they are, and 
recent as has been the introduction of many of them — and ex- 
posed as they have been to all the vicissitudes attendant upon 
new settlements, and the struggles of our recent revolution? 

Though the present adult population of Texas perhaps eon- 
tains as much, if not more, educated talent than the same amount 
of population in any other country so new on the face of the 
globe; yet this is no criterion by which to estimate the present 
advantages of our native and emigrating youth. But a small 
portion of the educated talent, as yet in our country, is of native 
cultivation. Most of what we now possess of this indispensable 
material has been lured hither, by the new and promising field, 
so suddenly opened for its employment by our revolution. Few 
of the youth born and fostered on our own soil know anything 
of the advantages of the school. Those now growing up without 
education, asi well as those of the same character who, with their 
parents, we soon expect to join us here, will soon be beyond the 
reach of such advantages unless something is done, and that 
speedily, to meet their wants. For be it remembered, that the 



158 University of Texas Bulletin 

disproportion between the educated and uneducated children in 
our country will greatly increase, unless very prompt and effi- 
cient measures are devised and prosecuted to prevent that in- 
creasing disproportion. This disproportion between the adult 
and youthful parts of your population will decrease as the dif- 
ference between married and unmarried emigrants to our country 
becomes secure from the fear of Indian and Mexican depreda- 
tion. For we have thrown open our doors very wide. Already 
our invitations abound almost to the ends of the earth. We have 
offered a wide field to the enterprizing — a noble theatre to the 
aspiring — and a secure asylum to the oppressed. Our invitations 
have been heard and accepted by many. Already are the cur- 
rents of emigration setting this way; not only from all parts of 
the United States, but also from England, from Ireland, and 
Scotland, and from Protestant Germany. But these currents 
will necessarily float in upon our soil -vast numbers of unedu- 
cated children, to swell the numbers already here, and still des- 
titute of the means of instruction. And these children, what- 
ever may be their character and accomplishments, will soon be 
invested with all the privileges and responsibilities of citizens, 
of voters, and of parents. But shall they receive the knowledge 
requisite to fit them to sustain the dignity of citizens, and to 
meet the responsibilities of the voter and the parent ? Shall they 
be qualified by education of the proper kind — education of the 
feelings as well as intellect, to take, and maintain, and carry 
out expanded views of their personal, social, civil, and religious 
obligations? Such education as shall render them competent to 
self-government ; and for want of which they w T ill be but the 
grovelling slaves of their mean and despicable passions, or the 
pliant tools of the wily and ambitious demagogues. 

Our country has boundless sources of national wealth still 
dormant in its soil, its forests and its minerals. Intellectual cap- 
abilities for developing these sources, will be attracted hither 
by our invitations and our pledges; but what will avail all our 
resources of wealth without the skill to bring them out; or, if 
discovered and developed, what would be their advantage with- 
out the knowledge to appropriate them to their legitimate ends 1 
And whence can this knowledge and skill be obtained but from 
the moral and mental discipline which alone give right reason 



Education in Texas 159 

its proper predominance over the low and vulgar passions which 
are cherished by ignorance. 

How is civil libert\^ to be continued, or self-government sus- 
tained, by those who know nothing of their principles? Upon 
the practicable application of the axiom already quoted does it 
depend whether our government shall be a strong, and energetic, 
and happy, and permanent one — a praise among nations ; or, a 
poor, weak, rickety, despicable, short-lived thing — scoffed and 
condemned by the enemies and pitied by the friends of rational 
liberty. 

And whence is this necessary moral and mental discipline, and 
the elementary knowledge necessary to qualify the children of 
freemen to appreciate the privileges and meet the responsibilities 
which they must soon inherit, except in institutions conducted 
by those who have made the human mind their study ? As but 
few parents are qualified, or if they were, are unwilling to take 
the time and trouble, to educate their children, it follows, of 
course, that if their children are educated at all, it must be by 
means of schools of some kind. 

Now, that there will be schools as population flows into our 
country, and neighborhoods are formed, there can be no doubt. 

But few parents will be found who will not be willing to make 
some effort to have their children instructed. But what shall 
be the general, character of our institutions of elementary in- 
struction? Shall they be such as will really subserve the in- 
terests and answer the demands of education? Shall they be 
conducted by those who not only know the value, and something 
of the capabilities of mind, but who also know how to elicit and 
give a proper direction to those capabilities? Or shall they be, 
as has too often and lamentably been the case, but engines for 
crushing the youthful intellect, and repressing every noble as- 
piration of the opening mind, by being entrusted to the control 
of ignorant or vicious teachers? The character of our schools, 
and the results of all future efforts in the cause of popular edu- 
cation, your committee think, will be very materially affected by 
the course which the present Congress shall adopt. And the 
vital importance to the future well-being and permanency of 
our nation must be our apology for the length of our report. 



160 University of Texas Bulletin 

We wish not merely to secure some action, prompt, and liberal, 
and efficient, but also intelligent and substantially beneficial to 
our posterity and to the world. And may we not learn some- 
thing, and profit something too, in relation to our duty on this 
subject, from what we have all seen in our parent land? And 
is not the present the time to profit by our experience and ob- 
servation as to the defects and injurious tendencies of most of 
the common schools of which most of us know anything? Surely 
now is the time, if ever, to profit in this way — now, while our 
government and our institutions are in their infancy, and society 
is in its forming state. 

To secure the right kind of education for our youth, it is 
absolutely necessary that the right kind of teachers be secured. 
The moral character and literary qualifications of the instructors 
of the children of our country, are two points to which too 
much attention cannot be directed. The relation which teach- 
ers of youth sustain, both to the taught and their parents, and 
through these to the whole community, involves obligations on 
the teacher 's part of the very highest moment. For, if the chil- 
dren entrusted to his care are blessed with kind, and faithful, 
and intelligent parents, it is of the utmost importance to the 
children that the parental influence be not counteracted by the 
moral delinquency of those who are called in to aid the parents 
in training their offspring for the discharge of the active duties 
of life. And if the children be so unfortunate as \o have parents 
of a different character— either ignorant of parental duty or in- 
different to its vigorous and persevering discharge, much more 
is it important that this defect should be as far as possible 
remedied by well conceived and well directed efforts of their 
teachers. In every case, then, it is of the first importance that 
instructors of children should be disposed, as well as qualified, 
to educate the feeling, as well as the intellect, of those committed 
to their care. But there is no reason to expect this from persons 
of indolent, or irregular, or licentious habits, or of men of mer- 
cenary impulses — by persons whose views and aims are bounded 
by the narrow horizon of interest or passion, seldom or never 
looking to, or incapable of appreciating the dignity of the voca- 
tion which brings them into contact with the germs of thoughts 
and feelings in minds upon the proper culture of which the 



Education in Texas 161 

usefulness of individuals, the happiness of families, yea the in- 
terests of nations, and the destinies of eternity, may, in many im- 
poitant respects, so materially depend. And yet, have we not all 
seen persons of this description by the recklessness or parsimony 
of parents and guardians of youth, thrust into this interesting 
and responsible vocation, or induced to seek it that they might 
obtain a piece of bread, and a shelter, and a coat. 

But the teaching profession needs equally to be guarded 
against the intrusion of ignorant and incompetent, as well as 
vicious aspirants. Persons who themselves have not learned to 
think, how shall they teach others to think? Can those who 
have received no severe mental training be expected to furnish 
such a training to others? Such teachers, or rather empirics, 
may keep youth about the vestibule of knowledge, but can never 
conduct them beyond the threshold of mental accomplishment— 
and it is idle to expect such a result from those who themselves 
have never passed the threshold. What we want, then, are 
teachers who will appreciate the responsibility of dealing with 
beings just forming their character for personal happiness and 
relative usefulness. Teachers who shall be qualified to train 
both the intellect and heart of those who are just beginning to 
think and feel on the momentous and complicated interests of 
human life — of domestic and social, and civil and religious priv- 
ileges and duties. 

But to secure such teachers, the teaching profession must take 
a more elevated stand in public estimation. Its importance to 
the whole community must be more generally felt and acknowl- 
edged. This will require a corresponding elevation of the 
standard of professional qualification in the instructors of 
youth. Such an elevation as will demand a degree of native 
talent, and a severity and extent of mental discipline and pro- 
fessional training on the part of the teacher of youth by no 
means inferior to that required by any of the learned profes- 
sion. In order to this, inducements must be held out sufficient 
to make the teaching profession to be sought and pursued by 
those whose talents and accomplishments would entitle them to 
a far higher rank in the public estimation than has usually 
been accorded to the mere schoolmaster. This cannot be done 
until quack schoolmasters are discountenanced — until they are 



162 University of Texas Bulletin 

regarded with the same disgust and odium which ought to drive 
the empiric doctor and pettifogging lawyer from every intelli- 
gent and refined community. 

Congress has thought it proper to protect the community, and 
the medical and legal professions, by special enactments requir- 
ing candidates for public favor to sustain satisfactory examina- 
tion, or to exhibit suitable credentials before persons competent 
to judge of professional qualifications' — and it is- not so much the 
fault of the laws as of the guardians of those laws that so many 
unworthy and incompetent persons are permitted to insin- 
uate themselves into the professional ranks, and to tamper with 
the lives and property of the people — and may not the magni- 
tude of the interests devolving upon the instructors of our youth 
as reasonably demand a similar protection of our national legis- 
lature? A board of censors for particular districts, similar to 
our boards of medical censors, by whom all persons wish- 
ing to engage in the business of public instruction should be 
closely and thoroughly examined 'and recommended, would 
seem to be one means of enhancing the reputation of the teach- 
ing profession, and of guarding the public confidence against so 
frequent abuse as it has been wont to suffer. 

But in order to secure teachers of competent talents and ac- 
complishments, such as shall bring their profession up to an 
equality in public estimation with the legal, clerical and medical 
professions, something more substantial must be granted them 
than legal protection, or the honor their true position in society 
justly demands for them. The emoluments of a vocation so la- 
borious and responsible, and requiring talents and accomplish- 
ments, by no means more common or easily attained than those 
of any of the learned professions, should bear some proportion 
to those of any of these professions. 

Until this is the case, men who may be every way qualified for 
the business of instruction, if they engage in it at all, it will only 
be as a stepping-stone to the more lucrative of the profession. 
They will occupy this merely as a vantage-ground while they 
survey the more promising fields of literary or professional pur- 
suit; and will only occur till they can secure something to liq- 
uidate past debts, and to pay their way while preparing for 
some more lucrative vocation. It cannot be expected that ardent 



Education in Texas 163 

young men whose preparatory course has been as protracted and 
expensive as that of others, will choose the business of instruct- 
ing youth, at a salary of $800 or $1,000 annually, while the same 
talents and accomplishments, if devoted to the pursuit of medi- 
cal or legal practice, promises from $3,000 to $4,000. With a 
difference of pecuniary advantages in view, it cannot be ex- 
pected that those who are really qualified for the instruction of 
youth will continue in such a business longer than they can 
avoid it. 

Then it becomes a question of great interest, how shall com- 
petent teachers be suitably compensated in our country? Shall 
the matter be left to the ability and discretion of every neigh- 
borhood and district to furnish its own teachers ; and if they are 
rich and liberal, or sufficiently numerous, and desire it, to find 
a good teacher and pay him well, or if they be few and poor, 
however solicitous they may be to secure good teachers for their 
children, yet be obliged to employ those who will serve them for 
small salaries; or, if they care nothing about the matter, shall 
nothing be done to enlighten them on the subject of parental 
duty, and to secure for their children, among whom may be 
found many capable of becoming ornaments to their nation and 
blessings to their kind, and the requisite instrumentalities for 
involving and training their latent capabilities? 

Or shall liberal appropriations of the public means be secured 
to every neighborhood, which, together with what the neighbor- 
hood may be able to furnish, may be sufficient to secure the serv- 
ices of competent teachers for all the neighborhoods in our 
Republic. 

Or, by liberal appropriations to a number of the most eligible 
and accessible points, secure the establishment of suitable liter- 
ary institutions, at which either a primary or more extensive 
education may be furnished at as little expense as possible to all 
classes of the community who may be at all inclined to avail 
themselves of the benefits of such institutions. 

For our country, this latter plan seems the most desirable. 
Owing to the scattered condition of our population, but few 
neighborhoods can afford, unassisted, to sustain a well qualified 
teacher, of course many children must either be sent from home 
or remain destitute of all the advantages of schools. 



164 University of Texas Bulletin 

But let such schools be established as the wants of the country 
may require, at suitable points where boarding can be fur- 
nished cheap, and tuition gratis, to those who may be unable to 
pay both for board and tuition. Let great care be taken in the 
selection of locations, and of teachers, and of superintendents. 
Let these be well paid by the public, and the public will not 
lose by educating its own youth at home, where it can be done, 
if the proper exertions are made. 

Your committee, therefore, recommend the adoption of the 
following bill. 1 

(Signed) E. W. CULLEN, Chairman. 2 

PROCEEDINGS OF THE THIRD CONGRESS 
January 183 9 

Wednesday, Jan. 9th, 1839. 



On motion of Mr, Cullen, the bill entitled an act appropriating 
certain lands therein named for the establishment of public 
schools, was taken up, and read a 2d time. 

On motion of Mr. Kaufman, the clerk proceeded to read the 
bill section by section. 

Mr. Jenkins moved to adjourn until to-morrow morning at 10 
o'clock; lost. 

Section 1st. Mr. Jones offered the following amendment, 
to-wit : 

Except the counties that have already received a donation of 
land for the purpose of education, or those counties in which 
there may be a town, which under the colonization laws, have 
already received or are entitled to four leagues of land. 

Mr. Cullen moved for the previous question ; which motion 
was withdrawn. 

Mr. Cook then offered the following substitute to the amend- 
ment proposed by Mr. Jones, to-wit : 

Provided, however, the counties to whom donations of land 
have been made, shall still have the land appropriated, as much 



^The bill is omitted. See law page 167. 

"Journal of the House, Regular Session of Third Congress, 270-278. 



Education in Texas 165 

as three leagues of land which have not yet been used,, or granted 
to corporations or county purposes; provided, moreover, if any 
counties have not yet, undisposed of, three leagues of land, this 
act shall grant to the same a sufficient quantity of land to make 
the leagues certain, the provisions of this act. 



The bill donating lands 1 for the establishment of public schools 
was resumed. 

Mr. Cullen moved to reject the substitute proposed to the 
amendment. 

"Whereupon, the substitute and the amendment was with- 
drawn. 

Mr. Jenkins moved to adjourn until to-morrow morning, at 
10 o'clock; lost 

The bill was resumed. 

Section 4th. Mr. Holmes moved to strike out "twenty," 
carried. 

Mr. Cook moved to adjourn until tomorrow morning, at 10 
o'clock; lost. 

The bill was again taken up. 

Mr. Holmes moved to insert ' ' fifty ' ' ; carried. 

Mr.. Baker moved to strike "out one to be established in East- 
ern Texas and the other in Western Texas; motion carried. 

Mr. Tower moved to adjourn until to-morrow morning, at 10 
o'clock; lost. 

Mr. Cullen moved for the previous question. 

Which motion the Speaker decided to be out of order. 

Mr. Cullen moved to engross the bill for a 3d reading, and 
at the same time moved for the previous question. 

The main question being put, shall the bill pass? was decided 
in the affirmative. 

The main question on the question for the engrossment of the 
bill being put, Avas carried. 

On motion, the House adjourned till tomorrow morning, 10 
o'clock. 1 



Journal of the House. Regular Session of the Third Congress, Nov. 
5, 1838, 316-318. 



166 University of Texas Bulletin 

Wednesday, Jan. 16th, 1839. 



Mr. Cook moved to take up the "bill entitled an act to raise a 
public revenue for the establishment of and perpetuation of 
•schools and academies ; motion lost. 1 

AN ACT 

Entitled an Act for the Permanent 

Location of the Seat of Government 

Section 1. Be it enacted by the Senate and House of Repre- 
sentatives of the Republic of Texas in Congress assembled, That 
there shall be and are hereby created five Commissioners, to be 
elected two by the Senate and three by the House of Representa- 
tives, whose duty it shall be to select a site for the location of the 
Seat of Government, and that said site shall be selected at some 
point between the rivers Trinidad and Colorado, and above the 
old San Antonio read. 

Section 2. Be it further enacted, That the name of said site 
shall be the City of Austin. 



Section 12. Be it further enacted, That the said agent, 
before the sale of said lots, shall set apart a sufficient number of 
the most eligible for a Capitol, Arsenal, Magazine, University, 
Academy, Churches, Common Schools, Hospital, Penitentiary, 
and for all other necessary public buildings and purposes, 

Approved January 14, 1839. 

MIRABEAU B. LAMAR. 2 



Ubid., 354. 

'Laws of the Republic of Texas, Passed at the First Session of the 
Third Congress, in one volume, 36-40; 

Gammel's Laivs of Texas, Vol. 2, (161-165). 



Education in Texas 167 

AN ACT 

Entitled an Act appropriating certain lands for the establish- 
ment of a general system of Education 

Section 1. Be it enacted by the Senate and House of Repre- 
sentatives of the Republic of Texas in Congress assembled, 

That each county of this Republic shall have three leagues of 
land surveyed and set apart for the purpose of establishing a 
primary school or academy in said county, which said land shall 
be located and surveyed by the county surveyor, or his deputy, 
in each county and be paid the fees now allowed under the land 
law, out of the county treasury; Provided, There is that quan- 
tity of good vacant land in the counties : And further provided,. 
That said land may be surveyed in any size tracts: Provided, 
That said land shall not be surveyed in tracts less than one 
hundred and sixty acres. 1 

Section 2. Be it further enacted, That where there is not 
a sufficient quantity of good land that is vacant in any county,, 
the county court of such county or counties shall be and they 
are hereby empowered and required to have surveyed upon any 
of the vacant la*nds of this Republic, said quantity of land, and 
pay the expenses of the land out of the county treasury 

Section 3. Be it further enacted, That when said lands 
are surveyed in accordance with this Act, the surveyor shall 
return a correct description of the same, with the field notes of 
the survey, to the clerk of the county court, who shall record the 
same, and forward a transcript of the same to the Commissioner 
of the General Land Office after it is recorded with the certif- 
icate and the seal of office thereto attached ; and when the lands 
so surveyed are not situated in the county for which it is sur- 
veyed, the description and field notes shall be recorded in the 
county where it is surveyed, as well as in the county for which 
it is surveyed, and forwarded to the land office as above de- 
scribed. 

Section 4. Be it further enacted, That the President of the 
Republic be, and he is hereby authorized and required to ap- 



'This last proviso is not found in the bill as given in theJournal of 
the House. 279. The original bill is not obtainable in the Archives of 
the Secretary of State. 



168 University of Texas Bulletin 

point a surveyor and have surveyed on and from any of the 
vacant lands of this Eepublic, fifty leagues of land, which is to 
be set apart and is hereby appropriated for the establishment 
and endowment of two Colleges or Universities, hereafter to be 
created ; and that the President is hereby authorized to draw 
upon the Treasury of this Republic for such sum or sums of 
money as may be necessary for defraying the expenses tct be 
incurred by locating and surveying said lands. 

Section 5. Be it further enacted, That said surveyor so 
appointed, shall make out a complete description of the land so 
survej^ed, and a neat and correct map of the same, and deposit 
them together with the field notes in the General Land Office 
of this Republic; and shall also take and subscribe to this oath 
or affirmation: I, A B, do solemnly swear (or affirm), that I 
have well and truly discharged my duties to the best of my 
knowledge and ability, and that the field notes and description 
of said land are as correct as I could make them, so help me 
God. — Which said oath is to be taken before a chief justice of 
the county court, and deposited in the Land Office ; and the sur- 
veyors of the different counties, to survey the land contemplated 
by this Act, shall take and subscribe the same oath, which shall 
be recorded in the clerks office of the county court. 

Section 6. Be it further enacted, That none of the lands 
appropriated and set apart by this act for the purpose of edu- 
cation, shall be disposed of in any manner except by lease until 
the expiration of three years; and none of said lands shall be 
disposed cf by lease for a longer term than three years. 

Approved, Jan. 26, 1839. 

MIRABEAU B. LAMAR. 1 

LAW ESTABLISHING A SCHOOL SYSTEM 
AN ACT. 

In relation to Common Schools and Academies, and to provide 
for securing the lands formerly appropriated for the purpose 
of Education. 

Sec. 1. Be it enacted by the Senate and House of Representa- 



1 Laivs of the Republic of Texas, passed at the First Session of the 
Third Congress, 120-122; 

Gammel's Laws of Texas, Vol. 2, (134-136). 



Education in Texas 169 

tives of the Republic of Texas in Congress assembled, That 
the Chief Justice and Two Associate Justices of each and every 
county in this Republic, be and they are hereby appointed ex- 
officio a board of school commissioners in and for their respective 
counties with full power and authority, by their name of school 
commissioners for such county, to receive, hold, lease, sell, and 
convey, or otherwise dispose of any lands, tenements, goods, 
chattels or other property real or personal, of any kind whatso- 
ever, which shall or may be given, granted, conveyed or appro- 
priated to them for the benefit of schools or academies within 
their said counties, by any person, state, or body politic what- 
soever; provided, that no act of said commissioners in relation 
to any property shall be valid, except it have for its object the 
establishment, support or benefit of schools within their respec- 
tive counties. 

Sec. 2. Be it further enacted, That it shall be the duty of the 
said school commissioners, as early after the passage of this act 
as may be convenient, to cause to be located and surveyed by 
some legal surveyor or surveyors, the three leagues of land ap- 
propriated to each of the counties of this Republic, by an act of 
Congress passed the 26th day of January, in the year 1839, en- 
titled "an act appropriating certain lands for the establishment 
of a general system of education : ' ' — provided the same have not 
been previously surveyed and located ; and if any part of the 
said three leagues of land have been already surveyed and 
located, and due returns made thereof according to the provisions 
of the aforesaid act, then the said commissioners shall cause to 
be located and surveyed so much more land as will, including 
the parts surveyed and returned as aforesaid, amount to three 
leagues. 

Sec. 3. Be it further enacted, That the county treasurer of 
any of the counties of this Republic, shall pay, upon the warrant 
of the Chief Justice, certifying under his hand that so much is 
due for surveying school lands for said county, to said surveyor 
or surveyors, so much money as the said warrant shall require : 
provided, that in no case the expense of said surveying and lo- 
cating shall be greater than at the rate of one hundred dollars 
per league. 

Sec. 4. Be it further enacted, That the said board of school 



170 University of Texas Bulletin 

commissioners be, and they are hereby authorized to canse to be 
surveyed, in such maner as is prescribed by the before cited act, 
one additional league of land, in the manner therein described, 
which said additional lands the said board of commissioners may, 
in their discretion, at any time, sell and convey to any person 
or persons whatever, and apply the proceeds of the same, or any 
part thereof, to the purchase of the necessary scientific endow- 
ments, one-half for the use and benefit of an academic school of 
each county, and the remainder distributed equally among the 
various common school districts which may be laid off in their 
respective counties. 

Sec. 5. Be it further enacted, That it shall be the duty of the 
said commissioners of common schools, whenever, in their opinion, 
the population or interests of education require the same, to 
organize any parts of their said several counties into school dis- 
tricts, for the purpose of establishing schools in the same; in 
which case, the said commissioners shall cause to be published, 
in at least three places in the said district, a notice of the said 
organization, and the time and place of holding the first dis- 
trict meeting. 

Sec. 6. Be it further enacted, That the said commissioners 
of common schools shall, ex-officio, be inspectors of schools and 
shall, by themselves, or by persons specially appointed by them 
for that purpose, examine all persons who may apply for em- 
ployment at either academic or common schools; and when said 
commissioners shall be satisfied of the moral and literary quali- 
fications of such candidates, they shall give him a certificate 
under their hands to that effect, without which certificate no 
teacher of any public school formed under this act shall be en- 
titled to demand or recover any compensation for his services 
whatever. 

Sec. 7. Be it further enacted, That, in examining persons 
desirous to teach either academic or common schools, the in- 
spectors aforesaid shall not give a certificate of qualifications for 
teaching academic schools unless the candidate give satisfac- 
tory evidence of good moral character, and be a regular gradu- 
ate of some college, or university of learning equivalent thereto ; 
nor shall they give certificates of fitness to teach common schools. 



Education in Texas 171 

unless the candidates give evidence of good moral character and 
capacity to teach reading, writing, English grammar, arithmetic 
and geography. 

Approved February 5th, 1840. 

MIRABEAU B. LAMAR. 1 

REPORT OF THE SECRETARY OF STATE 

DEPARTMENT OF STATE, 

CITY OF AUSTIN, OCT. 20th, 18-40. 

To His Excellency, Mirabeau B. Lamar, 

Document marked E contains further instructions to Wm. H. 
Hunt, Esq., surveyor to survey forty leagues of land for the 
establishment and endowment of two colleges or universities, 
under an act of congress for that purpose; also a circular ad- 
dressed to the chief justice of the several counties, relative to 
locating and surveying three leagues of land for the purpose of 
establishing primary schools. 

Knowing the great solicitude, of your Excellency on the very 
important and interesting subject of education, and it being one 
in which every true friend of Texas must feel deeply interested ; 
this department has taken much pains in urging it upon the 
proper officers to have the objects of the law complied with; and 
it is with deep regret that I have to inform your Excellency that 
none of these surveys have yet been made. In reply to the cir- 
cular, (in document E,) addressed to the respective chief jus- 
tices, a number have given to this department as a reason for the 
delay, that, the pay allowed by the act is insufficient to defray 
the actual expenses of locating and surveying said lands; and I 
would most respectfully suggest the propriety of directing the 
attention of the honorable congress to this subject. 

With great respect, I have the honor to be 

Your Excellency 's most obedient servant, 
JOSEPH WAPLES, 

ACTING SECRETARY OF STATE.' 



1 Laivs of the Republic of Texas, Fourth Congress, 146-148; 

Gammel's Laics of Texas, Vol. 2, (320-322). 

2 Report of the Secretary of State, November Twenty-fifth, 1840, 4-5. 



172 University of Texas Bulletin 

AN ACT 

To Provide for the Support and Education of 
Indigent Orphans. 

Sec. 1. Be it enacted by the Senate and House of Represent- 
atives of the Republic of Texas, in Congress assembled, That 
the probate court of the several counties of this republic, shall 
have full power and authority to provide for the support and 
education of indigent orphans, by binding them out as appren- 
tices to such person or persons as the court may select, and 
deem suitable, until the age of eighteen years, if a male; and 
sixteen, if a female; and the person to whom such indigent 
orphans sha.ll be bound, shall engage by a covenant, to be entered 
in the indenture, to provide the apprentice with a sufficiency of 
good and wholesome food, necessary clothing, and washing and 
lodging ; also, to teach the said apprentice, the business or occupa- 
tion which he pursues for a livelihood ; and also, to read, write, 
and cipher, as far as the rule of three; and at the expiration of 
said apprenticeship, to furnish the said apprentice with two 
complete new suits of clothing. 

Sec. 2. Be it further enacted, That it shall be the duty of the 
probate court, to take care that the said apprentice is bred up in 
honest and industrious ways; and that the tutor or tutoress, in 
all respects, performs the stipulations of the indenture ; and it 
shall be lawful for the said court, upon the complaint of any 
apprentice, by themselves or friends, against their tutor or 
tutorship, to hear and determine the same ; and if it shall appear 
. to the satisfaction of the court, that such complaint is well 
founded, and of sufficient magnitude to make a removal neces- 
sary, the court shall have power to remove such apprentice, and 
to bind him or her to such other persons as may be thought 
proper, imposing the same restrictions as before. 

Sec. 3. Be it further enacted, That this act shall take effect 
and be in force from and after its passage. 
Approved Feb. 3d, 1841. 

DAVID G. BURNET. 1 



Caramel's Laivs of Texas, Vol. 2, (640-641). 



Education in Texas 173 

AN ACT 

Incorporating the city, of San Antonio and other towns therein 
named. 



Sec. 8. Be it further enacted, That the said council in con- 
junction with the justices of the county courts are hereby em- 
powered and authorized to sell and alienate such public lots: ov 
parcels of land as may lie within this jurisdiction, and to 
which there is no legal claimant or title, and also to dispose of 
such houses or other buildings as may have formerly been the 
property of the corporation of said city, and the council may sue 
for and recover all debts, forfeitures, &c, accruing or due to the 
said corporation, the proceeds of such sales to be appropriated 
to the erection or repairs of a court house, jail and other such 
public edifices as may be deemed most fit, and to the erection 
•and endowment of a public school. 



Sec. 10. Be it further enacted, That it shall be the special 
duty of said council to promote by every equitable means, the 
establishment of common schools, male and female within the 
limits of the corporation in which the English language shall be 
taught, and the children of the poor class of citizens invited and 
received gratis. 

Sec. 11. Be it further enacted, That the town of Victoria 
be, and the same is hereby incorporated, and shall have the same 
power and be governed by the same rules and regulations as are 
enacted in the act of incorporation and government Gf the city 
of San Antonio, with the exception of having but five aldermen 
instead of eight. 

Sec. 12. Be it further enacted, That the town of Gonzales be 
and the same is hereby incorporated, and shall have the same 



174 University of Texas Bulletin 

power and be governed by the same rules, that are enacted for 
the incorporation and government of the city of San Antonio. 
Approved, Dec. 14, 1837. 

SAM HOUSTON. 1 

AN ACT 
To incorporate the City of Austin 



Sec. 7. Be it further enacted, That the mayor and Council 

shall have full power and authority to erect a hospital 

. . . . ; to establish and regulate such common schools as they 
may erect; 



Approved, December 27th, 1839. 

MIRABEAU B. LAMAR. 2 

AN ACT 
To incorporate the Towns of Victoria, Goliad, and Gonzales 



Sec. 9. Be it further enacted, That the said council shall 
have power and authority to sell and alienate any portion of 
the lands owned by said corporation, and appropriate the pro- 
ceeds thereof to the erections of a jail, court house, and clerk's 



*Laws of the Republic of Texas, in Two Volumes. Printed by order of 
the Secretary of State, 1838, Vol. 2, 37-39; 
Gammel's Laws of Texas, Vol. 1, (1380-1381). 
2 Laws of the Republic of Texas, Fourth Congress, 212-213; 
Gammel's Laws of Texas, Vol. 2, (386). 



Education in Texas 175 

office, and the remainder of said proceeds of said sale shall be 
appropriated for the purposes of education within said town and 
for no other purpose. 



Approved, 5th February, 1840. 

MIRABEAU B. LAMAR. 1 

RECOLLECTIONS OF EARLY SCHOOLS 

EDUCATION IN 1837 
REV. C. NEWELL 

Mr. Newell, an Episcopal Clergyman, advertised that lie would open a 
school in Velasco. As he remained in Texas only a few months it is 
not probable that the school was established. 

EDUCATION 

Since the war, education has been much neglected. . .the neces- 
sary result of the unsettled state of the country, and the want 
of teachers. But the people of Texas, like those from whom they 
sprung, are awake to its importance. It is one of the great 
leading objects upon which the man of family keeps his eye, and 
upon which the Texas statesman forgets not to ponder. Good 
schools will doubtless very soon and generally be established by 
the exertions of individuals and neighborhoods. Some leading 
men in Congress, and at least one influential member of the 
present Administration, are disposed to exert themselves to- 
establish a general system of education. It was expected that a 
plan would have been presented to Congress during its late ses- 
ion ; but a multiplicity of more pressing business probably pre- 
vented. 

There are already some few places in Texas which offer flat- 
tering prospects to the teacher; and such will rapidly increase 
with the progressive settlement of the country. Indeed, to the 
well qualified teacher, who, with elevated views, would be exten- 
sively useful, and value a reputation in his profession, and a high 



''Laws of the Republic of Texas, Fourth Congress, 276-279; 
Gammel's Laws of Texas, Vol. 2, (450-453). 



176 University of Texas Bulletin 

standing in community, as well as prospective pecuniary profit, 
Texas generally, and at the present time, offers very encour- 
aging prospects. Such a teacher, establishing himself in that 
country now, might lay the foundation of a reputation and use- 
fulness, as well as fortune, which at a subsequent period, might 
be impossible. 

Parents, who have the means, are now very generally sending 
their children to the United States to be educated; but there 
can be no good reason for the continuance of this custom. 1 

EDITORIAL ON A SCHOOL SYSTEM 

MANHATTEN ACADEMY 

This institution is just emerging into existence, and if prop- 
erly fostered will, no doubt, succeed and add much to the char- 
acter and praise of its projectors. A complete system of educa- 
tion is one of the greatest desiderata of our age. In a republic, 
education should become a national concern; in no other form 
of government is it so important that instruction should be uni- 
versally diffused, that it should enlighten the deceptive mists and 
overwhelming shadows of ignorance — that it should correct the 
false views and oblique paths of prejudice — that it should re- 
move the errors of superstition; and above all, that it should 
teach the inseperable connection of liberty and virtue. Educa- 
tion should be early that its impressions may lie permanent — ■ 
it should, be profound that its impressions may be true — its 
should embrace the improvements of each passing hour — that 
we may keep pace with our rival in peace and war, it should be 
'national that our first feelings and sensations may be the love 
of our country. 

In the wide range of education and science, there is no human 
being, whatever may be his condition, and profession, his avoca- 
tion, his pursuits, who has not some interest. Education would 
give new skill and value to the labors of the mechanic, new re- 
sources to the enterprise of the man of business, new emjoy- 
ment to the man of pleasure, new powers to the man of execu- 
tion ; and yet, how many arc there who, turning from paths of 



a Newell, Rev. C, History of the Revolution in Texas, 188-189. 



Education in Texas 177 

education with aversion, and horror, as too difficult, too laborious 
to be trodden ; who, finding every useful acquirement above or 
beneath their capacity, pass their lives in ignorance or vice, 
hiding most carefully, the talent which had been committed to 
their trust ; neglecting the duties they owe to society and to their 
country, and debasing every faculty by which alone, they are 
honorably distinguished in the works of creation. In created 
nature, man alone deserts his high station — man alone betrays 
his dignity and rank. 

In the tribes of irrational animals, each individual fills his 
allotted space ; distinguished, perhaps, from his fellows by trifling 
grades of swiftness or of strength, but between that height to 
which man may soon rise and that valley of moral and intellec- 
tual degradation to which he may descend, immeasurable is the 
space. It was the observation of one of the wisest men of mod- 
ern ages, it was an aphorism of Lord Bacon, "that knowledge is 
power." No axion is more generally true in its individual — 
none more certainly true in its national application : 

Knowledge is power. How wonderful the difference between 
the poor, naked, wandering savage trembling before the elements 
which, in terror, he adores; depending on his solotary unaided, 
exertions for food, for arms, for raimant, for shelter, and the 
civilized man who, strong in the education and the resources of 
society, rides over the ocean even on the wings of the tempest, 
disarms the lightening of its power, ascends the airy canopy of 
heaven, penetrates into the profound caverns of the earth, arms 
himself with the power of the elements, makes fire and air, and 
earth and water, his ministering servants; and standing, as it 
were, on the confines of nature, seems, as by a magic talisman, to 
give energy and life to the brute elements of matter. 1 

LETTERS TO PRESIDENT LAMAR 2 

I 

SAMUEL ROWLAND 

Dear Sir, 

Permit me to lay before you the following thoughts on the 



1 Matagorda Bulletin, Wednesday, January 24, 1838. 
2 Lamar received many letters in regard to the establishment of a 
system of schools in the Republic. Only two are given here. 



178 University of Texas Bulletin 

necessity of establishing a system of Education in our young 
Republic ; and it is with the greatest confidence I do so, feeling 
well assured that a subject so intimately connected with the wel- 
fare and happiness of society will receive from you every mer- 
ited attention. 

Since the Declaration of our national Independence, and the 
repulsion of the enemy from our land, our first object has been, 
and ought to be, the establishment of Peace within our borders : 
Our next, as it appears to me, ought to be the diffusion of its 
blessings to every family and every bosom. To effect this Edu- 
cation is indispensably necessary. By the wise and great of 
every age and country, Education has been regarded as a mat- 
ter of paramount importance. Let us consider the influence it 
has on virtue and happiness. Without knowledge there can be 
no virtue; and without education there can be no knowledge. 
Some, indeed, have entertained the mistaken notion that a sav- 
age life or a state of nature is the best and purest mode of 
human existence : and some have carried this absurd notion to 
such extravagant length as to forget that they themselves lived 
in civilized Society. But, to whatever part of the globe, or to 
whatever history of mankind we cast our eyes, we shall find that 
ignorance and vice are by an immutable law of nature, the in- 
separable associates of each other. We can no more alter this 
arrangement than we can alter the constitution of the universe. 
In the savage the noble faculty of reason is a dormant principle. 
And hence, destitute of instinct and uninfluenced by reason, he 
is the perpetual slave of his ungoverned and ungovernable pas- 
sions ; and is the only animal in the world that has been known 
to kill or abandon its own offspring in a state of destitute and 
helpless infancy. And it is a fact too well established to be 
doubted, that man in a savage State has been known to murder 
his own kind, for the purpose of feasting upon the carcase. We 
may also remark that cannibalism has been practiced, not only 
by Indians and African Savages; but also in times of heathen- 
ish darkness, in different parts of Europe : And by the ancestors 
of those who are now the most enlightened and virtuous people 
on the earth. The depth of depravity and misery into which a 
state of ignorance is capable of sinking the human mind is in- 
conceivably great. Witness the history of the world, particu- 



Education in Texas 179 

larly between the period that intervened between the fifth and 
fifteenth centuries. At the begining of this time, the then civil- 
ized World, which had but commenced to recover from heathen- 
ish superstition and- bondage, by the regenerative influences 
of Christianity, instead of progressing towards a state of conva- 
lescence, suffered a sudden and most dangerous relapse. A kind 
of lethergy seized the public mind. General knowledge and edu- 
cation became entirely neglected; and even those whose immedi- 
ate duty it was to give instruction and administer such remedies 
as the case required, became themselves supine, slothful and neg- 
ligent. Caring nothing for the public good, and puffed up with 
pride and arrogance, they sought only their own aggrandize- 
ment at ther expense of every thing virtuous and praiseworthy. 
Science was altogether disregarded, and knowledge was cast 
away; and, in their room, ignorance and superstition were pro- 
moted, and prevailed to such an alarming extent, that the whole 
world was enveloped in darkness, ten thousand times more ter- 
rific and destructive then that of Egypt. During this time, as 
you well know, the Koman Empire was overrun by successive 
hordes of barbarians, and the various names, of Alans, Huns, 
Ostrogoths and Visigoths, Tartars and Arabs. And by them it 
was ravaged and torn to pieces. Europe was devastated and its 
ancient governments overthrown in favour of the feudal system. 
Bocks, the repositories of Science and implements of Educa- 
tion, were indiscriminately cast into the flames. Instead of 
commercial enterprise, scientific researches, or benevolent pur- 
suits, the delirium of chivalry, of romance and crusading per- 
vaded the land. Enquiry was stifled, knowledge prohibited, and 
in certain cases punished with a most cruel death. The thrones 
of Europe groaned under Tyrants of the vilest stamp, who to 
gratify their own corrupt passions hesitated not to put to the 

sword thousands of the best persons 

Now, what does the above picture prove? It demonstrates, 
beyond the possibility of a reasonable doubt, that a state of ig- 
norance and neglect of education is the high road to vice of 
every description and misery of every grade. 

On the other hand, it is no less true that knowledge and virtue 
are equally inseparable; and constitute the only road to excel- 
lency and happiness. Taking the continuation of the history 



180 University of Texas Bulletin 

above alluded to for illustration; under the sway of ignorance, 
every thing concurred to introduce and establish a universal 
reign of gloom and horror. Now, mark the contrast. No sooner did 
the light of science begin to glimmer at the first dawn of the 
Reformation than the reign of tyranny and oppression trembled 
to the very centre. Under the fostering' influences of Educa- 
tion the spirits of Wyckliff, Erasmus, Melancthon and Luther 
rose up ; who nobly and fearlessly broke their own fetters, and 

asserted the right of man to the exercise of mental liberty 

Instead of ignorance and superstition bright Science now dif- 
fused its vivifying and cheering influence throughout the land. 
And in proportion as Education develops its boundless resources, 
the reign of darkness ceases to exist, oppression and violence 
are no more. Peace, good order, justice and uprightness com- 
municate strength and energy throughout the whole community. 
And in the United States of the North above all other countries 
instead of poverty, terror and woe, persevering Industry has filled 
every habitation with its bounteous treasures. The voice of glad- 
ness and joy reverberate from State to State, and from City to 
City. — Education is the only agency that can unfold and enlarge 
the human intellect ; enlighten, correct and strengthen the judg- 
ment; it subdues, softens and ameliorates the heart; brings into 
operation every generous and virtuous principle ; it fortifies and 
sets up reason on its proper throne, and brings into sweet subjec- 
tion thereto both the passions of the mind and propensities of the 
body. For the eradication of evil habits, and the establishment 
and confirmation of those that are virtuous, the only effective 
means within the reach of man is Education. Under the bless- 
ing of Heaven, it never fails to ennoble and adorn the whole 
man; to render him generous and liberal, useful to Society and 
happy to himself. In a word whatever excellences we possess 
as individuals or as a nation we own entirely to Education. And 
let us ever remember that the tree of liberty, so lately planted 
in this land cannot possibly grow, much less flourish, without 
Education. In proportion a,s you permit the shades of night to 
pass over it, it decays and withers. Moreover, in a Republican 
Government, like ours, if no effort is made to encourage Educa- 
tion throughout the community, it does not require the ken of a 
Prophet to foretell what state of things will necessarily follow. 



Education in Texas 181 

For, in a state of ignorance, such glorious liberty as we now 
possess, may, and no doubt, will be converted into a deadly 
weapon capable of producing anarchy and confusion, far more 
dreadful in their consequences than the greatest despotism that 
ever filled a throne. Education is the paladium of free Govern- 
ment, the bulwark of every country, and the glory of every land. 
But I find my remarks are becoming too lengthy; I hope the 
importance of the subject will be esteemed a sufficient excuse for 
thus drawing your attention from other subjects, which perhaps 
at present are of still greater importance — Wishing you every 
happiness 
Marion I remain 

Jan. 31th. 1838 Yours without guile 

Saml Rowland. 

P. S. Glad should I be to see Texas following the examples 
of New York, Connecticut or Massachusett with respect to gen- 
eral education — x 

II 

A. J. YATES 

To His Excellency 

Mirabeau B. Lamar 
Dear Sir, 

Having made the subject of Popular Education a matter of 
considerable research, particularly for the purpose of aiding in 
the. establishment of some system adapted to the con- 
ditions of this Country, I take pleasure in submitting to your 
oons' deration some views and suggestions in relation to it 
which are the results of investigation. 

As the neglect to establish such a system by the Mexican Gov- 
ernment, was one of the causes of complaint set forth in the 
declaration of Independence of this Nation, and as the matter 
was neglected both by the Executive & the Congress, during the 
administration of your predecessor, notwithstanding a very 
strong Memorial 2 was presented to Congress, at its session in 
the Spring of 1838, it was with feelings of sincere gratification 
that your call of the attention of Congress to the subject, im- 



^arnar Papers, Texas State Library. 
2 See page 147. 



182 University of Texas Bulletin 

mediately on entering on the duties of your office, was regarded. 
"With; no less pleasurable feelings have this community witnessed 
the response which was promptly & liberally made by the Con- 
gress to that Call. 

There are some features of the late law, worthy of attention, 
in order to improve it to the best advantage, and on which I 
beg leave, with all deference, to make a few remarks, before 
entering on the subject of forming a System of Popular Educa- 
tion. 

The late law would seem, from its tenor, to have contemplated 
the provision of a separate fund for Academies and Schools for 
each county in the Republic. It does not expressly . * 

and very fortunately so, because it must be evident that such a 
course would be unequal in its effects upon different sections of 
the Country. There are many Counties, where, very valuable and 
and choice lands cannot be had at this time, and if such Counties 
(which are the most populous and therefore in most need of good 
schools and financial aid, immediately) are compelled to derive 
their funds from lands located in other counties less populous, 
they must make a sacrifice of those lands, and receive less benefit 
from them,, than the less populous Counties would do, which will 
not need aid for some time to come. In addition to this consid- 
eration, every county will have a separate organization and mode 
of disposing of its funds, and [some will] have a much better 
fund for the purpose than others. If the appropriation were 
made a General fund under the control of officers appointed by 
the Government, it would secure a uniform System of Educa- 
tion, and a uniform distribution of the benefits of the fund. 

In the location of land for this fund, much advantage might 
accrue from the appropriation of some of those valuable lands 
that have been confiscated to the Government. Others might be 
obtained by making an exchange of school lands, with the own- 
ers of lands in the midst of compact settlements, as there are 
few persons who own several thousand acres of land in a body, 
who would not willingly exchange a few hundred acres for the 
same quantity of land more remote from settlements, considering 
themselves amply remunerated in the increased value of the re- 
setter illegible at this point. 



Education in Texas 183 

mainder of their tract, by having a School or Academy estab- 
lished upon part of it. 

In the organization of a system the following suggestions are 
respectfully submitted. 

That a Chancellor of a University be appointed by the Presi- 
dent, by and with the advice and consent of the Senate, who 
shall hold his office during life and good behaviour subject to 
[impeachment and trial in the Courts]. Each County shall at 
its annual election for Members of Congress, also elect one Visi- 
tor, who shall be a man of Classical Education, and shall hold 
his office for one year. It shall be the duty of each visitor to 
examine once in six months each Academy in his County, in 
company with a majority of the board of Trustees thereof, and 
at such examination together with the Teachers and said Trus- 
tees, to decide upon the merits of each scholar and to give licenses 
to those who have pursued a course of instruction to qualify 
themselves as Teachers of Common Schools, and certificates to 
those who are found qualified to enter the University and to 
make a report of all things connected with the Academy to the 
Secretary of the Board of Visitants at their semiannual meeting. 

All of said trustees with the Chancellor shall meet once in 6 
months, and examine the University in its various Departments,, 
determine the claims of all candidates for the various degrees 
conferred therein, and make report of the same to the Secretary 
aforesaid, also of all matters connected with said University. 
They shall also appoint the Professors of the University & pre- 
scribe the course of Instruction to be pursued therein as well as 
in all Academies and Schools. A Secretary of the Education 
fund shall be appointed by the President by and with the ad- 
vise and consent of the Senate, who shall receive semi-annual 
returns from all Schools, Academies, & the University of all 
matters relating thereto, and present the general statement of 
the same to the President annually. He shall also with the Sec- 
retary of the Treasury and the Comptroller form a Board to 
decide on the investment, & distribution of the Literary funds, 
& the fiscal interests of the fund generally. 

The Collegiate Branch of the University shall be divided into 
Classical and Scientific courses each which shall embrace a 
course of study for 4 years, & no pupil admitted under the age 



184 University of Texas Bulletin 

of 12, and they shall receive a Degree of Bachelor of Arts, if 
found worthy on the completion of the course. The University 
Department shall be divided into courses of Divinity, Law, 
Medicine, Public Instruction, and Political Science, and the 
Degree of Master of Arts granted in each after a course of 3 
years study, and being found worthy on examination. 

Academies & Schools for males or females may be established 
by the petition of any County, Town or District to the Board of 
Visitors, setting forth the number of scholars that will be fur- 
nished, for at least one year, the amount that can be raised by 
the subscribers, and the election of Trustees by said subscribers. 
On presentation of such petition at the semiannual meeting of 
the Board they shall decide on the establishment of such Acad- 
emy or School, and an appropriation from the Education funds 
shall be made for its support, such appropriation being in all 
cases equal in proportion to the number of scholars, to all Acad- 
emies and Schools. 

In each Academy, male or female, there shall be a department 
of instruction specially appropriated to the education of Teach- 
ers of Common Schools, and the persons instructed therein shall 
receive a license to teach, after having pursued a course of study 
for three years after they have arrived at the age of 15. Students 
may be admitted to the Academies on examination by the 
Teacher, and one or more of the Trustees. 

No Academy or School shall be entitled to any portion of the 
Education funds for its support that shall employ any other 
than a Teacher regularly licensed by the Board of Visitors, if he 
be the Teacher of an Academy, or by the Board of Trustees cf 
an Academy, if he be the Teacher of a Common School, and 
after the expiration of six years, none shall be thus licensed who 
have not pursued a regular course of instruction in the institu- 
tions of the Country as provided in these departments. 

The Trustees of each School shall be elected annually by the 
subscribers thereto & shall make semiannual examination of the 
scholars [the provision] of the board of Visitants. 

Each Academy & School shall be provided with a good farm, 
and the superintendent thereof shall keep a boarding house for 
the scholars, at such price and under such regulations as the 
Trustees of said Academy or School may prescribe. 



Education in Texas 185 

Such Sir is a brief and general outline of the plan which has 
appeared to me most feasible and best adapted to the condition 
of this Country. Being well assured that you have made it a 
subject of deep consideration, the foregoing plan is submitted 
with much deference, and in the hope that some of the sugges- 
tions may coincide with your views, though perhaps they may 
offer nothing which has not already had your consideration. 
I have the honor to subscribe 
myself with sentiments 
of respect & consideration 
Your obedient servant 

A. J. Yates [Rubric] 
Houston March 4th— 1839. 1 

LITERACY OF THE TEXAS PEOPLE 

The emigrant removing to this republic, and the visiter who 
mingles with respectable society, will soon perceive that among 
the people are numbered a fair proportion of industrious, re- 
spectable and intelligent persons, whose deportment and con- 
versation are marked by dignity and good sense. Nor will highly 
intellectual and literary men be found to be scarce. Among men 
of the different professions, are many not only skilled in their 
own particular departments, but well versed in the broad fields 
of general literature and science. A gentleman at the seat of 
government, the last winter, observed, that in the republic he 
found alumni of half the colleges in the United States. 

It is not to be denied, however, that a large proportion of the 
settlers in the country are composed of the more unlettered parts 
of mankind. Most of them have received some education, enough 
to enable to keep their own accounts in one manner or another. 
Still there are many of them much more fond of spending a 
leisure hour in the forests with dogs and gun, than employing 
it in reading the most interesting book. Nor is this fact singu- 
lar. Long accustomed to reside far from towns and places where 
books can be obtained, and by practice becoming skilled to bring 
down the deer or bear with the trusted rifle, he acquires a taste 

'Lamar Papers, Texas State Library. 



186 University of Texas Bulletin 

for the sport, while his former habits of reading and thought 
have been broked up and forgotten. 



What has been said of the other sex, will sufficiently inform 
the intelligent reader of the character and habits of the females. 
A very large share of them in person preform the duties of the 
household, in preparing and cooking food, attending to the dairy, 
preserving cleanliness, and taking charge of the clothing, in ad- 
dition to the cares of the nursery. Comparatively few of them 
have received the advantages of a refined education, but they 
are well versed in all that regards good housewifery, which, 
with good sense, and a courage to despise imaginary dangers, 
constitute some of the most practical virtues of a female pioneer 
of Texas. Not a few of these, and some whose minds have re- 
ceived a much more exalted and refined impulse, are more dis- 
posed to be useful than showy, have rendered themselves quite 
familiar with the use of fire-arms, with which upon occasion they 
have supplied themselves and families with necessary provisions. 

Aware, though honored and cherished with a tenderness and 
affection unsurpassed in any part of the world, that widowhood 
and other disasters might befall them, they have with an energy 
worthy of the daughters of Sparta, met dangers, fought sav- 
ages, encountered and overcome difficulties, and sustained their 
families in a manner, of which, under other circumstances, they 
would not have thought themselves capable. In the towns there 
are many ladies, whose taste, education and manners, would 
grace any saloon in any country. 



That the Texians are a reading people is manifested by the 
fact that there are now (1840) 12 news papers published in the 
state. One of these is a daily paper published in Houston. 1 



X A History of Texas or the Emigrants Guide to the New Republic^ 
230 seq. 



Education in Texas 187 

"THE OLD SETTLERS" 
DON" A BLISS 



Another consequence of the old settlers' isolation was a gen- 
eral neglect of books and newspapers ; though when the struggle 
for independence came, there was a great awakening in this 
respect. But it would be a great mistake to suppose from this, 
that they were indifferent to schools. For wherever there were 
enough children to maintain one of these, a school was estab- 
lished, and the liberality of the old Texans in support of schools 
in comparison with their means, was not one whit behind the 
magnificent donations of our own time. Their far-seeing interest 
in education provided this State with a free-school fund that 
is the largest in the Union, and capped this free school system 
with a free university which should be the pride of the State, 
and which, with such men as Waggener, Dabney and Gould in 
its faculty, bids fair to soon become the leading institution of 
higher learning in the South. 

But the darkest day for books and newspapers was the bright- 
est for oratory. The absence of these other agents of informa- 
tion operated to wonderfully intensify the power of the speaker 
over the masses. Men would ride fifteen, fifty, nay sometimes a 
hundred miles, to hear a Houston or a Bowden. It was the 
eloquence of such men that roused the old settlers, few in num- 
bers though they were, and scatted over a vast territory, to that 
short, sharp decisive resistance to Mexican tyranny, which re- 
sulted in the advent of the brightest star in the American con- 
stellation. 1 

August, 1886. 



POPULAR INTEREST IN HIGH SCHOOLS 



At the last session of Congress an act was passes to carry into 
effect the former act in relation to common schools ; in which it 



'Bliss, Don A., The Old Settlers, 5. 



188 University of Texas Bulletin 

is provided that, as early as circumstances will permit, there 
shall be established in each county in addition to the common 
schools, a central academy or high school, in which classical 
literature and the higher branches of mathematics shall be 
taught. By the same law an additional league of land is granted 
to each county, to be applied equally for the benefit of said 
academy and the several common schools. The chief justice and 
his two associates of each county, by this act become ex-ojficio 
inspectors of schools, and are bound to secure proper teachers 
and visit the schools from time to time. 1 

NEWSPAPER COMMENT* 

COMMON SCHOOLS.— It is a great shame that notwithstand- 
ing the liberal appropriations which congress has from time to 
time made for the purpose of establishing public schools in the 
several counties of the Republic, that not one has been organized. 
There is a woeful indifference to the subject of education mani- 
fested by those who have been appointed its guardians. We know 
of very few instances in which even the land granted by congress 
has been procured or surveyed. Many opportunities of the 
most valuable location have been allowed to pass by unembraced, 
and the liberality of the Government and their benevolent in- 
tentions thwarted by the grossest neglect. It was made the duty 
of the school commissioners first to inquire if land in their sev- 
eral couties of a good quality could be covered by the grants, 
and then there was a choice of all vacant lands of the govern- 
ment. We can frame no excuse why this duty has not been per- 
formed. The county Treasurer was authorized to pay a certain 
sum for the expenses of locating these lands, and it was per- 
mitted to make absolute sale of one league of them in order to 
furnish the necessary books, instruments, &c. for the use of the 
schools. We do sincerely hope this matter will be attended to. 
No man of common feeling can ride through this country without 
seeing sufficient cause to lament its destituteness of means of 
educating children. — The want of schools is felt not only as a 
serious injury to our families, but it is a great weight in pre- 
venting other families from settling among us. No good father 



Resident Emigrant; A History of Texas, 246. 



Education in Texas 189 

could be induced by any prospects of gain to emigrate to a place 
were he could not educate Ms children, and therefore viewed as 
a matter of mere loss or gain we defraud ourselves of much pe- 
cuniary advantage. 

As this is a subect to which too much attention cannot be de- 
voted, we would respectfully recommend to the congress, to vest 
in the county courts authority to levee a school tax limited to a 
certain ratio and the mode of its expenditures strictly denned. 
Let a school house be built, a teacher hired who shall be a 
graduate of some college, let an annual salary be paid to him 
and all expenses of the institution defrayed out of the funds 
created by this tax. This is the plan pursued in the most en- 
lightened States in the Union, and it has been found to answer 
an admirable purpose. When every man is taxed to support a 
school he will be sure to send his children there, and the rich as 
well as the poor will be glad to avail themselves of the oppor- 
tunity of affording to their sons and daughters at home an edu- 
cation as good as could be obtained abroad. We make these 
suggestions in the firm persuasion that the establishment of com- 
mon schools upon this plan through the length and breadth of 
Texas would greatly conduce to the happiness of its people. — 
Brazos Courier. 1 

AN ACT 
To establish and Incorporate Rutersville College. 

Sec. 1. Be it enacted by the Senate and House of Represent- 
atives of the Republic of Texas in Congress assembled, That a 
seminary of learning be, and the same is hereby established at 
Rutersville in Fayette county to be denominated "The Ruters- 
ville College." 

Sec. 2. Be it further enacted, That there shall be eleven 
trustees, who are hereby authorized to take charge of the in- 
terests of the college and a majority of the whole number shall 
constitute a quorum to do business. 

Sec. 3. Be it further enacted. That the following persons 
have been duly chosen trustees of the College, and are recognized 



telegraph and Texas Register. Houston, October 28, 1840. 



190 University of Texas Bulletin 

as such, to-wit: — Andrew Rabb, Chauncey Richardson, Robert 
Alexander, A. P. Manley, J. S. Lester, Robert Crawford, W. P. 
Smith, John Rabb, James W. Cox, Joseph Nail, Gideon B. 
Lockriclge. 

Sec. 4. Be it further enacted, That the trustees aforesaid be, 
and they are hereby constituted a body politic and corporate, in 
deed and in law, by the name of the President and Trustees of 
Rutersville College ; and by that name they and their successors 
shall, and may have perpetual succession ; and be able and capa- 
ble in law, to have, receive and enjoy, to them and their succes- 
sors, lands, tenements, hereditaments of any kind in fee or for 
life, or for years, and personal property of any kind whatsoever, 
and also, all sums of money which may be given, granted or be- 
queathed to them for the purpose of promoting interests of the 
said college: Provided, the amount of property owned by said 
corporation shall not at any time exceed twenty-five thousand 
dollars. 

Sec. 5. Be it further enacted, That there shall be a stated 
meeting of the Board of Trustees in each year at the time of con- 
ferring degrees; and that the President of said Board of Trus- 
tees shall have full power to call an occasional meeting of the 
Board whenever it shall appear to him necessary. 

Sec. 6, Be it further enacted, That the Trustees of said col- 
lege shall, and may have a common seal for the business: of them 
selves and their successors, with liberty to change or alter the 
same from time to time, as they shall think proper; and that 
by their aforesaid name, they and their successors, shall and may 
be able to sue and be sued, plead and be impleaded, answer and 
be answered, defend and be defended in all courts of law and 
equity in this Republic ; and to grant, bargain and sell, or assign 
any lands, tenements, goods or chattels now belonging to said, 
college, or that may hereafter belong to the same; to construct 
all the necessary buildings for said institution; to establish a 
preparatory department and a female department, and such 
other dependent institutions as they shall deem necessary; to 
have the management of the finances, the privilege of electing 
their own officers, of appointing all necessary committees; and 
to act and do all things whatsoever for the benefit of the said 



Education in Texas 191 

institution, in as ample a manner as any person or body politic, 
or corporate, can and may do by law. 

Sec. 7. Be it further enacted, That the said Trustees shall 
have the power of prescribing the course of studies to be pursued 
by the students, and of framing and enacting all such ordinances 
and by-laws as shall appear to them necessary for the good gov- 
ernment of the said college, and of their own proceedings : Pro- 
vided, the same be not repugnant to the constitution and laws of 
the Republic of Texas. 

Sec. 8. Be it further enacted, That the head of said college 
shall be styled the President, and the instructors thereof the 
Professors; and the President and Professors or a majority of 
them, the Faculty of Rutersville College; which Faculty shall 
have power of enforcing the ordinances and by-laws adopted by 
the Trustees for the government of the students, by rewarding 
or censuring them, and finally by suspending such of them as 
after repeated admonitions, shall continue disobedient or refrac- 
tory, until a determination of a quorum of Trustees can be had, 
but it shall be only in the power of a quorum of Trustees, at 
their stated meetings, to expel any student or students of the 
said college. 

Sec. 9. Be it further enacted, That the Trustees shall have 
full power, by the President or Professors of the said college to 
grant or confer such degree or degrees in the arts or sciences, to 
any of the students of the said college, or persons by them 
thought worthy, as are usually granted and conferred in other 
colleges ; and to give diplomas or certificates thereof, signed by 
them and sealed with the common seal of the Trustees of the 
college, to authenticate and perpetuate the memory of snch 
graduations. 

Sec. 10. Be it further enacted, That whenever any vacancy 
shall occur in the Board of Trustees, either by death, resigna- 
tion, or otherwise, such vacancy shall be filled by a majority of 
the remaining trustees. 

Sec. 11. Be it further enacted, That all necessary officers of 
said institution shall be appointed by a majority of the Board 
of Trustees. 

Sec. 12. Be it further enacted, That whenever a vacancy 
shall occur in the presidency, or any of the professorships of the 



192 University of Texas Bulletin 

college, the Board of Trustees shall have the power to fill such 
vacancy. 

Sec. 13. Be it further enacted That the Trustees shall have 
the power of fixing- the salaries of all the officers connected with 
the college; of removing any of them, for neglect or misconduct 
in office — a majority of the whole number concurring in said 
removal. 

Sec. 14. Be it further enacted, That the institution hereby 
incorporated, shall be purely literary and scientific, and the 
students of all religious denominations shall enjoy equal ad- 
vantages. 

Sec. 15. Be it further enacted,. That the lands, public build- 
ings and other property belonging to the said college, are hereby 
declared to be free from any kind of public tax. 

Sec. 16. Be it further enacted, That the Trustees of Ruters- 
ville College, shall have corporate jurisdiction within a mile of 
the site of either of the public buildings belonging to the college ; 
to suppress and abate nuisances, to restrain gross immoralities, 
by imposing a fine upon any peron or persons so offending within 
the limits of said jurisdiction, of not less than ten nor more than 
two hundred dollars; and said fine when imposed by the said 
trustees, shall be directed to any sheriff, constable or coroner of 
the county of Fayette ; and the said sheriff, constable or coroner 
(as the case may be) shall proceed forthwith to act as if upon 
an execution, to attach and sell the property of said offender or 
offenders to the highest bidder sufficient, to satisfy said fine — 
due notice being given ; and the proceeds thereof, after deduct- 
ing the usual fees for said officers, shall be paid over to the trus- 
tees, for the benefit of said college. 

Sec. 17. Be it further enacted, That the Trustees of Ruters- 
ville College shall have power to appoint six honorary members 
to be added to the number; and the said members so appointed 
may take their seats at any meeting of the board, and have all 
the powers and privileges that other members of the board have : 
Provided, that a quorum of the board of trustees, constituted by 
this act, shall be present. 

Sec. 18. Be it further enacted, That four leagues of land be, 
and the same is hereby granted to the President and Trustees 
of Rutersville College, and their successors — -to be located on any 



Education in Texas 193 

vacant and unappropriated lands in this Republic, in tracts of 
not less than one league, and that the Commissioner of the Gen- 
eral Land Office is hereby authorized to issue certificates in 
tracts of not less than one league in the name of the President 
and Trustees of Rutersville College, and their successors, with- 
out charging any fees for the same ; and the said President and 
Trustees are empowered to employ any legally authorized sur- 
veyor to locate and survey the same, and make return of his field 
notes, which shall be received and examined by the county sur- 
veyor, in the same manner as prescribed by law, without charg- 
ing any fees for the same ; and the Commissioner-General of the 
Land-Office is hereby required to issue patents for the same to 
the President and Trustees of Rutersville College and their 
successors. 

Sec. 19. Be it further enacted, That the said four leagues of 
land are hereby given, granted and confirmed to the said Pres- 
ident and Trustees of the said college, and their successors, who 
shall have full power to alienate, sell, lease, rent or otherwise 
dispose of the same; and the proceeds of the same shall be for 
the erection of suitable buildings for the institutions, for the 
purchase of philosophical, astronomical and chemical apparatus, 
— and for the promotion of the arts, literature and science in 
general, and for no other purpose whatever. 

Sec. 20. Be it further enacted, That this act shall be deemed 
a public act, and judicially taken notice of without special 
pleading. 

Sec. 21. Be it further enacted, That this act shall remain in 
force for the period of ten years from and after its passage, 
and no longer. 

Approved February 5th, 1840. 

MIRACBEAU B. LAMAR. 1 

SECOND 

ANNUAL CATALOGUE of RUTERSVILLE COLLEGE^ 
1841 

CLASSIFICATION 

All the studies pursued at the College are divided into De- 
partments or General Classes, with a Professor at the head of 

J Gammel's Laws of Texas, Vol. 2, (425-428). 



194 University of Texas Bulletin 

each. These Departments will be modified or increased as the 
future prosperity of the College may require. 

1. — Moral Science and Belles Lettres. 

2. — Mathematics. 

3. — Ancient Languages and Literature. 

4. — Modern Languages. 

5. — Natural Science. 

6. — Preparatory Department. 

7. — Female Department. 

The students in each Department are divided into sections, 
so as to accommodate their different degrees of advancement in 
that particular Department, without any reference to their 
standing in the other Departments, or to the time they have 
been members of the College. 

Any student may take a partial or an entire course, as may 
suit his circumstances; and when any one shall have completed 
the entire English 1 and Scientific Course, he shall receive a de- 
gree of Bachelor of Science and English Literature. But no one 
will be entitled to the collegiate degree of Bachelor of Arts, ex- 
cept he pass a thorough and satisfactory examination in the en- 
tire Classical Course. Whenever he does this, he will be entitled 
to the degree, without regard to the time he may have been in 
the College. 2 

COURSE OF STUDY OF RUTERSVILLE COLLEGE 

I. Department of Moral Science and Belles Lettres. — Elocu- 
tion, Porter's Analysis, Jamieson's Rhetoric, Hedge's Logic, 
Upham's Intellectual Philosophy, (2d edition), "Wayland's Ele- 
ments of Moral Science, Kame's Elements of Criticism, Paley's 
Evidences of Christianity, Wayland's Political Economy. Weekly 
exercises during the whole course in composition and declamation. 

II. Department of Mathematics. — Davies' Algebra, Davies' 
Geometry, Davies' Plain and Spherical Trigonometry, Davies' 
Surveying, Navigation, Davies' Differential and Integral Cal- 
culus, Mahan's Civil Engineering, Norton's Astronomy, Natural 
Philiosophy. 



^ust what was meant by the "English Course" is uncertain. 
2 8econd Annual Catalogue, 10. 



Education in Texas 195 

III. Department 6f Ancient Languages and Literature. — • 
Latin — Gould's Ovid, Anthon's Caesar, Folsom's Ovid, Thanon's 
Horace, Kiugsley 's Tacitus ; Latin declamation and composition. 
Greek — Graeca Majora, (vol. 1.) Excerpta Historica, Excerpta 
Miscellanea, Excerpta Rhetorica, Excerpta Critica, Graeca Ma- 
jora, (vol. 2), Lyrics, &c., AEschylus' Prometheus, Homer's Iliad 
(five books) AEschines and Demosthenes de Corona, Greek com- 
position and declamation, Eschenberg's Classical Manual, An- 
thon's Lempriere's Classical Dictionary, and an ancient Atlas 
used for reference through the whole course. 

IV. Department of Modern Languages. — Spanish — Neuman's 
and Baretti's Dictionary, Jose's Grammar, (by Sales), Brady's 
Guide, Tracluctor Espariol, Colmena Espanola, Estractos Es- 
paiioles; French — Boyer's or Meadow's Dictionary, Levizac's 
Grammar, (Bolmar's. Edition), Bolmar's Colloquial Phrases, 
Hent's Classical French Reader, Charles XII; Italian — Evag- 
lia's Dictionary, Bachi's Grammar, Bachi's Conversazione Ital- 
iane, Prose Italiane, Gerussalemme Liberatia; German — Kunst's 
Dictionary, Fosdick's German Introduction, Gueter's Phrase- 
Book, Fellen's German Reader. 

V. Department of Natural Science. — Johnston's Turner's 
Chemistry, Comstock's Mineralogy, Comstock's Geology, Corn- 
stock 's Botany, Smellie's Natural History. 

VI. Preparatory Department. — Town's Spelling-Book, Elec- 
tic Readers, Chirography, Smith's Productive Grammar, Malte- 
brun's Geography, Worcester's Elements of History, Davies' 
Arithmetic, Davies' First Lessons in Algebra, Davies' Analytical 
and Descriptive Geometry, Anthon's Ancient Geography, An- 
thon's First Greek Lessons, Anthon's Greek Grammar, Anthon's 
Greek Prosody, Anthon's Greek Reader, Anthon's Cicero, An- 
thon's First Latin Lessons, Anthon's Latin Prosody, Andrew's 
& Stoddard's Latin Grammar, Cooper's Virgil, Comstock's Ele- 
ments of Christianity, Comstock's Natural Philosophy, Com- 
stock's Elements of Geology, Mineralogy and Botany, Guy's As- 
tronomy and Burret 's Geography of the Heavens. 

VII. Female Department. — Students in this Department can 
pursue any of the studies embraced in either of the preceding 
Departments, and, in addition to these, may attend to Music on 
the Piano Forte, to Drawing and Painting. 1 

HUd. 



196 University of Texas Bulletin 

REPORT ON THE PUBLIC EXAMINATION 

AT 

RUTERSVILLE COLLEGE 

The annual examination of this Institution was held on the 
elventh and twelfth instants, in College Hall, and was witnessed 
by a large assembly of spectators, including several gentlemen 
of intelligence and distinction. 

The examination embraced a wide range of studies, which had 
been pursued by the students of both departments, and was 
most evidently conducted in a thorough and impartial manner. 
The promptitude, facility and accuracy with which the students 
answered the multifarious questions propounded to them, not 
only exhibited demonstration of the excellent qualifications of 
the Faculty, and the fidelity with which *they had discharged 
their duties, as instructors, but also, of the high capability of the 
youth of Texas for receiving a thorough and practical education. 

The original compositions of the students of both departments, 
were characterized by consciseness and appropriateness of ex- 
pression, evincing some considerable experience in the valuable 
art of composition. The declamation of the young gentlemen 
and ladies, was highly felicitous, and met the universal com- 
mendation of the audience. 

The young ladies' copy-books and herbariums, well merited 
the eulogiums bestowed upon them by those who examined them. 
■ — They were characterized by neatness and elegance of execu- 
tion, giving evidence of respectable proficiency in penmanship 
and botany. 

A session bill of each student was read publicly, which con- 
tained exhibit of scholarship and deportment. The utility of 
this practice of the College, was apparent to the whole assembly. 
The anticipation, by each student, of this public statement of 
scholarship, and deportment, at the close of the term, becomes 
a strong incentive to diligence in study, and propriety of con- 
duct. 

The interest of the occasion was greatly enhanced by an ad- 
dress from President Richardson, delivered in his usual felicitous 
manner, which was listened to with profound attention and 
thrilling interest. The address evinced a thorough acquaint- 



Education in Texas 197 

anee with the science of education, and the profession of teach- 
ing; as also, of the wants of Texas — His long connection with 
literary institutions, and experience in teaching, eminently qual- 
ified him for the task. It was delivered at the special request of 
the Board of Trustees of the College, by whom a copy was, sub- 
sequently, requested for publication. Several thousand copies of 
it, circulated through the community, would certainly arouse the 
public mind, and awaken new interest on the great subject of 
education. Its appearance in print, will be highly gratifying to 
the friends of Rutersville College, and to those interested in the 
cause of education generally. 

The undersigned were present at the semi-annual meeting of 
the board of Trustees, and were highly pleased with the faithful 
and impartial manner in which all matters coming before them 
were disposed of. A very commendable zeal was evinced, to 
keep strictly within the provisions of the College charter, and 
to promote, in every equitable way, the interests of the insti- 
tution. 

The finances of the College, we found to be in a sound con- 
dition, though it is now greatly in need of available funds, to 
meet some liabilities, to procure philosophical, chemical and 
astronomical apparatus; also, to extend the accommodations for 
the female department. The means to accomplish these objects 
ought to be raised immediately. 

We may safely say, that the College is in a prosperous con- 
dition, and promises, much usefulness to the community gener- 
ally, and most justly merits a liberal patronage. Many circum- 
stances concur in rendering the College peculiarly worthy of the 
confidence and support of parents and guardians. 

The healthfulness of the village in which it is located, is per- 
haps unsurpassed by that of any other part of the Eepublic. 
The peculiar healthful appearance of the students, and people 
generally, furnishes evidence of this fact. 

The society in the village is good, and distinguished for its 
hospitality ; and this fact was fully evident to the crowd of visi- 
tors, as we were most cordially entertained. 

The College buildings are commodious and well arranged for 
the convenience and comfort of the students. 

The next or twelfth term of the College, will commence on the 



198 University of Texas Bulletin 

21st day of July, 1815. The Faculty of the College comprises 
the following- gentlemen and ladies: Rev. Chauncy Richardson, 
A. M.. President: Rev. Homer S. Thrall, Principal of the Prepar- 
atory Department: Mr. Charles Wright, A. B., Assistant Prin- 
cipal. 

Mrs. M. C. Richardson, Principal of the Female Department; 
Mrs. Virginia Mayo. Teacher of Music. 

Jno. S. Williams, 

Daniel Carle, 

Committee of Examination. 1 

EDUCATIONAL CONDITIONS AND THE TRAINING OF TEACHERS 

Several colleges have been incorporated by the Texas con- 
gress, but most of them exist only on the statute books. Only 
three, so far as my information extends, have either suitable 
buildings or a regular organization namely, Rutersville College, 
San Augustine University and the AVesleyan College at San 
Augustine. These institutions commend themselves to the friends 
of learning and the public generally. They have planted the 
germ of knowledge and virtue in many minds, which, if nour- 
ished, will grow and flourish in vernal beauty and vigor. Their 
advantages are accessible to all classes of the community, and 
should be enjoyed by all. 

A period has arrived in our history when the importance of a 
good education should be viewed in i:s proper light. Our wisest 
and ablest men should direct their attention and the public mind 
to this great subject. It is worthy the efforts of the noblest 
patriots, the wisest philanthropists, and the purest Christians. 
The grand obligation and business of this generation is to educate 
the succeeding generation for a higher level of action. We must 
go on in this work till the cloud of mental and moral darkness, 
which now hangs over us, is rolled away, and the light of science 
and religion shall shine in meridian splendor. Then shall our 
"sons be as plants grown up in their youth, and our daughters 
as corner-stones polished after the similitude of a palace. 

But how shall correct education be secured to all the youth of 
Texas? Most assuredly bj r the establishment of a good system 



National Register, Washington, Texas, June 26, 1845. 



Education in Texas 199 

of education, in connection with institutions of a high order. To 
effect this object, well-taug'ht, able, and Christian teachers are 
wanted. They are essential to good schools. They should be 
formed after the right model; their principles and characters 
developed in due proportions, themselves examples of human 
excellence. Teachers must be prepared in our own institutions, 
as they will never come from abroad in sufficient numbers to 
supply our wants. They must be raised up and qualified on the 
spot, to go forth to the work of elevating this empire of mind 
and heart. A teachers' department should be established imme- 
diately in the colleges now in operation in Texas, where they 
shall be prepared for their task, not only by a course of instruc- 
tion designed for their personal improvement, but by teaching 
them how to instruct and to educate. A permanent class of in- 
structors must be formed. The office of instruction ought to be 
coveted by persons of the best talents, and sufficiently rewarded 
to secure such in the profession. It is of the highest importance 
that those who cultivate the germ of thought, and form the habits: 
of thinking and feeling of the rising generation, should be well 
qualified for their delicate and responsible work. They must be 
apt to teach; to be able to lay an idea in a child's mind just as 
it lies in their own minds. Teachers must know how to govern. 
They must possess firmness, kindness, and gentleness. A teacher 
must be, in the truest sense of the term, a gentleman. True po- 
liteness is gentleness and good will to mankind reduced to prac- 
tice. He must be emphatically a good man, as he is a leader to 
go before and lead out or call forth the child to the perfection 
of his nature. He is the young child's spiritual architect. The 
office of teachers is a high and responsible one, because they are 
the builders up of a new generation. Albert Gallatin, while 
engaged in teaching, was more truly deserving of honor than 
when managing the fiscal concerns of the United States; and 
Louis Philippe, while teaching a little handful of pupils in Pitts- 
burg, was by far a greater benefactor to mankind than while 
sitting on the throne of France, surrounded by thirty millions 
of loyal subjects. 1 



"Richardson, Rev. Chauncey, M.A., President of Rutersvllle College, 
An Address on Education: Delivered Before the Educational Con- 
vention of Texas, in the City of Houston, January, 1846. 



200 University of Texas Bulletin 

DESCRIPTION OF SCHOOL HOUSE 



School teachers those times were not to be envied. There was 
no public school fund to draw upon and no private fund, either, 
to speak of, except such as fanners happened to have. Our first 
school was taught by Captain Beach, in a log cabin having neither 
floor or window, or even a door. A couple of the lower logs 
being left uncut in the doorway, over which the little tots had 
to be lifted, prevented the ingress of the pigs. When Beach's 
term expired, he was paid off in corn, for which there was no 
sale nearer than Austin 1 ; so he borrowed a team and hauled i t 
to market. 

There were no school houses or churches. The schools were 
kept in any vacant cabin, and when a preacher happened along, 
he was invited to hold forth in some dwelling. 2 



AN EARLY PLEA FOR THE EDUCATION OF GIRLS 

For the Standard. 

Mr. Editor. — As it is universally acknowledged that education 
is the door, or passway, through which man must pass, to arrive 
at anything like honor or distinction, in a free and Republican 
Government like ours, let us inquire if it is not an imperative 
duty to devote time, attention and means for the education of 
the fair daughters of this fair land. Shall man assume to him- 
self all the honors — all the glory — all the pleasure, which are 
the handmaids of literature, of the expanded and accomplished 
mind. No, every principle of common sense, and common jus- 
tice forbids. The very principles upon which the free institu- 
tions of our country are framed, forbid it. And I call upon 
mothers to claim their rights, and urge the education of their 
daughters. I call upon fathers to forbid it, and to give a polish 
to the brightest gem in the cabinet of valuables, their daughters. 
And, lastly, I call upon the young ladies themselves to rouse 



'From Webber's Crossing. 

2 Smithwick, Noah, The Evolution of o State, or the Recollections Of 
Old Texas Days, 231. 



Education in Texas 201 

them from their lethergy, and importune their parents, inces- 
santly, until they are placed at some institution, through which 
they can learn wisdom, and become truly, the pride and boast 
of their parents and friends; useful members Of society, and 
ornaments of the circle in which they move; commanding the 
respect, and the adminration of all, and giving tone and dignity 
to the female world. 

It may be asked how is this to be effected. I can answer this 
inquiry easily, and simply, by pointing to the Pine Creek Female 
Institute, which, is located in Red River county. There is an 
institution, a nursery of learning, which, if fostered — if properly 
supported, will shed a benign influence over this portion of our 
young and growing Republic. The pupils of that institution 
will ere long, burst upon the community with a blaze of female 
splendor, accomplishment and loveliness, which ennoble them- 
selves — do honor to their accomplished instructress, and show to 
the world, that the Red river district cannot only boast of the 
fertility of her soil, and the salubrity of her climate, but of the 
fertil genius, as well as native loveliness of her daughters. Then 
let our self pride and love of country rouse us. Let us patronize 
the accomplished an talented proprietress of the Pine Creek Fe- 
male Institute, and we shall have done our duty. 

I should like to wisper it to some of the young ladies of Red 
river, that many young gentlemen of the district, are anxiously 
awaiting the termination of the next session of Mrs. Weather- 
heads school. They want accomplished wives; yes, even, literary 
wives "stick a pin there," — more of this anon. 

FIDELLA. 

Rural Grove, Aug. 12th, 1842. 1 

EDITORIAL COMMENT ON LAND GRANTS 



We have noticed frequently, applications to Congress for do- 
nations of land for charitable or literary purposes, received by 
a certain class of members very suspiciously, and the grants, if 
made, made with a grudging, unwilling disposition, which be- 

l The Northern Standard, Clarksville, August 27, 1842. 



202 University of Texas Bulletin 

tokens decided illiteracity, and in our opinion a shortsighted 
comprehension of public policy. We think liberality of this 
kind, besides being creditable, decidedly beneficial, as a mere 
matter of profit ; and of all others, for a country like this, to 
hesitate on a grant of a little land for the establishment of some 
institutions which may one day increase the fame of that country 
by its own high character, or by that of its pupils, or raise up 
servitors of her interests, or defenders of her honor — the poorest 
policy imaginable. What is a little land to a country like this, 
whose acres are almost countless, and still nearer valueless, till 
the labor of the husbandman shall rip up the sod, or clear off 
the timber, and expose their rankness to the general influences 
of light and heat — nothing, verily nothing. We hope .the day 
will soon come when a more enlightened policy will be universal, 
as we believe it is now dominant. We think it beyond question 
that any of the rich wilderness now unlocated, would be far more 
profitable to the country if it were donated to individuals, more 
particularly if it should be at once cultivated. 

Therefore we think that gratuities of land in small bodies, to 
meritorious societies, or to individuals having claim upon the 
public consideration, is a policy tending to the development of 
the internal and indigenous wealth of the country, and creditable 
to its wisdom and foresight. 1 



VALEDICTORY REMARKS MADE AT WASHINGTON TO THE 
CONGRESS OF THE REPUBLIC OF TEXAS 

GOVERNOR SAM HOUSTON. 

On the Occasion of Retiring from the Presidency of the 
Republic, December 9, 1844. 



My countrymen! Give to the rising generation instruction. 
Establish schools everywhere among you. You will this diffuse 
intelligence throughout the mass — that greatest safeguard to our 



'Daily Bulletin, Austin City, January 13, 1842. 



Education in Texas 203 

of free institutions. Among us, education confers rank and influ- 
ence — ignorance is the parent of degradation. Intelligence ele- 
vates man to the highest destiny, but ignorance degrades him to 
slavery. 1 



^rane, William Carey, Life and Select Literary Remains of Sam 
Houston, 333; Texas National Register, Vol. 1, No. 2, December 14, L844. 



204 



University of Texas Bulletin 






a c c 

3 3 3 
1-51-51-3 



CO i~i CO CO 

CfiBH 
C3 a> 03 C3 
i-r, P»h i-r. i-s 



00 00 00 ■/ ■/ go 



CO N rt H M CC 



1-3 1-3 Pt ft Pt £H 



- - : 
o 00 



03 a 
O O 



'OT'O'O 



dob 
-gd ft ddd 



u 



•a sy tuo^ t, 
a a c-" o 

a — .3 03 

■c g « es ra 



O 

3 

O cj 

— < t» 

"3 "^ 
C3 ti 



3 =3 



'/. 



"03 J5 0° 
000<l 



§ 3,2-3 
^ S ° O 

£ « P "O 

$ CJ CJ) tjo 
— "C 03 o 

12 £ « a 






~ — 

3 3 
03 03 *| 

2 2 3 

oa rt 5 



H3 t! 'O 
3 3 3 
03 03 03 

CO CO ^ 

03 03 03 a 



• 3 § J;S 
i «j o s a 



£&p:SS 



ft 


] to 

>>a 

5 

- w 

C3 rr. 

O — 


ft 

ft 



E) c^^ 



2! « 5 Er 



o ^ 
Sag ® 

O C3 
O 3 
a ft 

H _£• 
— 3 '7 
O fflh 

S 5.1 

03 c 

SP 

3 3 

03 e 

t» 03 



3 tow, 

— ^ fi o 



£~.-2^^.-s. 



Education in Texas 205 

INSTITUTIONS GRANTED STATE LANDS WITH CHARTERS. 



Institution. 


Location. 


Date of Grant. 


Number of Leagues. 


DeKalb College 




Jan. 26, 1839 . 


Four Leagues. 




San Augustine 


Jan. 26, 1839— 


.Four Leagues. 






Feb. 5, 1840— 


Four Leagues. 


Hermann University 


(Not Settled) 


Jan. 27, 1844— 


One League. 1 


Guadalupe College 




Jan. 30, 1841— 


Four Leagues. 2 


Marshall University 


Marshall 


Jan. 18, 1842— 


Four Leagues. 






Feb. 3, 1845.. 


.Four Leagues. 3 



1 Later raised to four leagues. 

2 Granted later to Gonzales College, Feb. 17,i 1852. 

3 Granted the land set apart for schools at Nacogdoches by decree 240,Laws of 

Coahuila and Texas. 



CHAPTER IV 

FROM ANNEXATION TO THE WAR 

During this period the population of the State grew with incredible 
rapidity, and numerous new towns sprang up. Meanwhile a succession 
of abundant crops materially multiplied the wealth of the people, and 
in consequence of these developments the foundations of a settled 
civilization superceded the pioneer stage of society. During the early 
fifties the problems of internal improvement replaced those primitive 
struggles which had formerly absorbed the energies of the entire 
population. First of all the need for transportation brought the prob- 
lem of building railroads, and at the same time arose the question of 
establishing a system of public schools. Strange as it may appear, 
these two movements came to have a vital relation to one another in 
the subsequent development of the State. 

The initial effort to establish a State system of schools was launched 
in 1854 with considerable wisdom and enthusiasm; but a reaction fol- 
lowed rather speedily, and comparatively little was accomplished. 
Naturally the interest in education was felt most acutely in the grow- 
ing towns. As these enlarged in population the citizens turned their 
attention to the establishment of schools, and in consequence they 
sought legal means for their support and control. The right to tax 
the property of the citizens for the maintenance of schools 
was now enacted into law in several places. Meanwhile numerous 
private agencies continued to foster education, and various means were 
utilized for promoting schools, scores of which were started. Of all 
these institutions founded prior to the war only two now remain, and 
neither of these is today located where it was originally established. 
These two are Baylor University founded in 1845 at Independence, and 
Austin College begun in 1849 at Huntsville. 

JOURNAL OF THE CONSTITUTIONAL CONVENTION 

1845 



committee room, July 16, 1845. 
To the Eon. Thos. J. Rusk, 

President of the Convention: 
The committee to whom was referred that part of the Con- 
stitution which relates to the subject of education, have had the 
same under consideration, and ask leave to submit the following 

report. 

[Signed] EDWARD CLARK, 

Chairman. 



Education in Texas 207 

Article 1st. A general diffusion of knowledge being essential 
to the preservation of the rights and liberties of the people, it 
shall be the duty of the Legislature in all future periods of this 
State, to make suitable provisions for the support and main- 
tenance of public schools. 

Article 2nd. The Legislature shall, as early as practicable, 
establish free public schools throughout the State, and shall 
furnish means for their support by taxation on property; and 
from and after the year eighteen hundred and fifty, it shall be 
the duty of the Legislature to set apart one-tenth of the annual 
revenue of the State, as a perpetual fund, the interest of which, 
at six per cent per annum, shall be appropriated to the support 
of free public schools; and no law shall ever be made, directing 
said fund to any other use. 

Article 3rd. , All public lands which have been heretofore, or 
which may hereafter be granted for public schools to the various 
counties, or other political divisions of this State, shall not be 
alienated in fee, nor disposed of otherwise than by lease, for a 
term not exceeding twenty years, in such manner as the Legis- 
lature may direct. 

Which report was laid on the table one day for consideration. 1 

Wednesday Morning, 

Aug. 20, 1845. 

On motion of Mr. Anderson, the 21st section of the General 
Provisions was laid on the table, and the report of the committee 
on Education was taken up ; and the first section adopted. 

In 2d section, Mr. Gage moved to strike out the word ''shall" 
in the first line, and insert the word "may". 

Upon which the ayes and noes were called, and stood as fol- 
lows : 

Ayes — Messrs. Brown, Bagby, Gage, Hemphill, Hicks, Hogg, 
Lumpkin, McNeill, Eains, Runnels and Young — 11. 

Noes — Messrs. Anderson, Armstrong of J., Baylor, Bache, 
Brashear, Burroughs, Caldwell, Clark, Cazneau, Cunningham, 



^Journals of the Convention, Assembled at the City of Austin, on the 
Fourth of July, 1845, 66. 



208 University of Texas Bulletin 

Cuney, Darnell, Evans. Everts, Forbs, Henderson, Holland, 
Irion, Latimer of L., Latimer of R. R., Lewis, Lusk, Lipscomb, 
Mayfield, McGown, Miller, Moore, Navarro, Power, Parker, 
Runnels, Standefer, Tarrant, Ochiltree, Van Zandt, White, and 
Wright— 41. 

So the amendment was rejected. 1 



Friday Morning, 
Aug. 22, 1845. 



The Cenvention met pursuant to adjournment. • 

On motion of Mr. Cazneau, the report of the committee on 
Education was taken up. 

Mr. Lusk moved to strike out all after the word "state", in 
2d line, 2d section. 

Mr. Clarti said: As I consider it perhaps my duty, I will 
say a few words in vindication of my course upon this subject. 
The part which the gentleman from Brazos proposes to strike 
out does not meet with my hearty approbation. It did not in 
the committee; though I did not there object to it, knowing 
that I should have the opportunity here of expressing my dis- 
sent and acting accordingly. I think the motion of the gentle- 
man a very proper one. I think unless we adopt it we shall be 
taxing the people too severely in the commencement. We must 
recollect that the amount to be derived from the people through 
taxation is very considerable; and I think that perhaps as far 
as we should go on this occasion. I intend to vote for the mo- 
tion of the gentleman from Brazos to strike out, and as chair- 
man of the committee I have thought it my duty to apprize the 
Convention of the reasons why I should do so. The report re- 
quires no explanation, it is plain and simple. 

The ayes and noes were called upon the motion of Mr. Lusk, 
and stood as follows: 

HUcl., 277. 



Education in Texas 209 

Ayes — Messrs. Armstrong of J., Armstrong of R. Bagby, 
Brown, (Burroughs, Clark, Darnell, Gage, Hemphill, Hicks, 
Hogg, Irion, Latimer of L., Latimer of R. R., Lumpkin, Lusk, 
McNeil, Navvarro, Parker, Rains, Runnels, Scott, Smyth, Van 
Zant, White, Wright and Young— 27. 

Noes — Messrs. President, Anderson, Baylor, Bache, Caldwell, 
Cazneau, Cunningham, Evans, Everts, Forbes, Henderson, Hor- 
ton, Howard, Hunter, Jewett, Lewis, Love, Lipscomb, May- 
field, McGowan, Power, Standfer, and Tarrant — 23. 

So the motion was carried. 

Mr. Mayfield offered the following as a substitute for the 
second section : 

The legislature shall, as early as practicable, establish free 
schools throughout the state, and shall furnish means for their 
support by taxation on property, and it shall be the duty of the 
legislature to set apart not less than one-tenth of the annual 
revenue of the state derivable from taxation, as a perpetual 
fund, which fund shall be appropriated to the support of free 
public schools throughout the State, and no law shall ever be 
made diverting said fund to any other use ; and until such time 
as the legislature shall provide for the establishment of such 
schools in the several districts of the State, the fund thus created 
shall remain as a charge against the State, passed to the credit 
of the free common school fund. 

Mr. Lewis offered the following as an amendment to the sub- 
stitute : 

Provided that the aforsaid fund shall be appropriated to the 
education of the children of those who are themselves unable to 
bestow upon their children the rudiments of an English educa- 
tion. 

Rejected. 

Mr. Forbes moved to amend by inserting "from and after the 
year 1850" 

Lost. 

The ayes and noes being called on the adoption of Mr. May- 
field 's substitute, were as follows: 

Ayes — Messrs. President, Anderson, Armstrong of R., Baylor, 
Bache, Brashear, Caldwell, Cazneau, Cuney, Evans, Everts, 



210 University of Texas Bulletin 

Forbes, Gage, Hemphill, Henderson, Horton, Holland, Hunter, 
Irion, Jewett, Lewis, Love, Lipscomb, Mayfield, McGowan, 
McNeil, Navarro, Standefer, Tarrant and White — 30. 

Noes — Messrs. Bagby, Burroughs, Clark, Darnell, Hicks, Hogg, 
Howard, Latimer of L., Latimer of R. R., Lumpkin, Parker, 
Rains, Runnels, Scott, Smyth, Wright, and Young — 17. 

Mr. Gage offered the following as an additional section: 

It shall be the duty of the Legislature to pass a law by which 
counties now in this State, which have not heretofore received 
grants of land shall be entitled to a donation of land for school 
purposes, equal to that heretofore granted to any county by the 
Congress of the Republic of Texas. 

In presenting this additional section, 

Mr. Gage said; Four leagues of land have been granted to 
most of the counties in the Republic for school purposes. The 
law now in existence upon this subject is a general one, extend- 
ing such a donation to all the counties created at the date of its 
passage. Some new counties, however, have been since formed, 
among which is the county of Rusk, to which the present law 
does not apply. It is the object of this section to place them 
on a footing with the older counties. An equal quantity of land 
is all that I ask for them, and I trust it will not be denied. 

Mr. Everts moved to amend by confining the locations of the 
lands in the county for whose benefit the land is appropriated. 

Lost. 

On motion of Mr. Young, the word "now" in the first line of 
Mr. Gage's additional section, was stricken out. 

The ayes and noes being called on the adoption of the addi- 
tional section, stood thus: 

Ayes — Messrs. President, Baylor, Bache, Bagby, Cazneau, 
Clark, Cunningham, Darnell, Evans, Everts, Gage, Hemphill, 
Henderson, Hogg, Horton, Howard, Hunter, Irion, Jewett, 
Jones, Latimer of R. R., Lewis, Love, Lumpkin, Lusk, Mayfield, 
McGowan, Navarro, Power, Runnels, Smyth, Standefer, White 
and Young — 34. 

Noes — Messrs. Anderson, Burroughs, Caldwell, Latimer of L., 
Lipscomb, McNeil and Scott — 7. 

So the section was adopted. 

Mr. Darnell offered the following as an aditional section: 



Education in Texas 211 

Fifty leagues of land of the public domain of Texas, in addi- 
tion to the amount already set apart by law, is hereby reserved 
for the use of common schools, to be used as the legislature may 
direct, but no disposition shall be made of the same under fifty 
years from the adoption of this Constitution. The legislature 
may authorize the lands to be located at as early a day as possi- 
ble, and to make them as valuable as circumstances will admit, 
by lease or otherwise. 

On motion of Mr. Hemphill, the following words were in- 
serted : 

"Provided the debts and liabilities of the government be first 
discharged." 1 

The section as amended, was then rejected. 2 

Saturday Morning, August 23, 1845. 

On motion of Mr. Lewis, the report of the committee on Edu- 
cation was taken up. 

Mr. Mayfield offered the following amendment, as an addition 
to the 3d section. 

"And all lands which may hereafter be declared vacant, 
either by the courts of this State, the Federal or Supreme Courts 
of the United States, lying within the limits of any colonization 
contract, as specified in the same, after applying the proceeds 
thereof to the payment of the debts and liabilities, for money 
or land, of the Republic of Texas, as the Legislature may direct, 
the one-half of the residue thereof shall be applied to the sup- 
port and maintenance of free common schools — reserving, at all 
times, to the contractor, his just quantum of premium lands ; and 
to the actual settler, the full quantity to which he may be justly 
entitled." 

Mr. Evans moved to strike out that portion applying the pro- 
ceeds to the payment of the debt and liabilities of the Republic 
of Texas. 

Which motion was lost. 



debates of the Texas Convention, 1845, 700-702. 
'Journals of the Convention, Assembled at the City of Austin on the 
Fourth of July, 1845, 292. 



212 University of Texas Bulletin 

Mr. Young moved to strike out that portion reserving to the 
contractors, their premium lands. 

Lost. 

The ayes and noes were then called, on the adoption of Mr. 
Mayfield 's amendment, and stood thus : 

Ayes — Messrs. Armstrong of R., Baylor, Caldwell, Cazneau, 
Clark, Evans, Everts, Horton, Hunter, Jewett, Lewis, Mayfield, 
McGowan, Tarrant, and White — 15. 

Noes — Messrs. President Rusk, Bache, Bagby, Brashear, Bur- 
roughs, Cunningham, Cuney, Gage, Hicks, Hogg, Irion, Latimer 
of L., Latimer of R. R., Love, Lumpkin, Lipscomb, McNeill, 
Navarro, Parker, Power, Rains, Scott, Smyth, Standef er, Ochil- 
tree, Wright and Young — 27. 

So the amendment was rejected. 

Mr. Young moved the previous question. 

Which motion prevailed. 

The main question being the adoption of the 3d section of 
the report of the committee on Education, was carried, and the 
section adopted. 

On motion, the report was ordered to be engrossed. 1 



THE CONSTITUTION OF 1845. 



ARTICLE TENTH 
EDUCATION 

Sec. 1. — A general diffusion of knowledge being essential to 
the preservation of the rights and liberties of the people, it shall 
be the duty of the Legisature of this state to make suitable pro- 
vision for the support and maintenance of public schools. 

Sec. 2. — The Legislature shall, as early as practicable, estab- 
lish free schools throughout the State, and shall furnish means 
for their support by taxation of property ; and it shall be the 
duty of the Legislature to set apart not less than one tenth 
of the annual revenue of the State, derivable from taxation, as 
a perpetual fund; which fund shall be appropriated to the 



x Ibid., 299-300. 



Education in Texas'. 213 

% 

support of the free public schools, and no law shall ever be 
made, diverting- said funds to any other use, and until such time 
as the Legislature shall provide for the establishment of such 
schools in the several districts of the State, the fund thus 
created shall remain as a charge against the State passed to the 
credit of the free common school fund. 

Sec. 3. — All public lands which have been heretofore, or 
may hereafter be granted for public schools, to the various 
counties, or other political divisions in this State, shall not be 
alienated in fee, nor disposed of otherwise than by lease for a 
time not exceeding twenty years, in such manner as the Legis- 
lature may direct. 

Sec. 4. — The several counties in this State, which have not 
received their quantum of lands for the purpose of education, 
shall be entitled to the same quantity heretofore appropriated 
by the Congress of the Kepublic of Texas to other counties. 1 

MESSAGE OF PRESIDENT ANSON JONES 

February 19, 1846 

The expenses of the government since I have been in office, 
have all been paid in an undepreciated currency — a very 
considerable amount of debt incurred by previous administra- 
tions has been paid off, and a surplus of available means suffi- 
cient to defray the expenses of the government, economically 
administered, for the next two years, at least, is left at the 
disposition of the State: and I venture the belief that, without 
resort to taxation, the public domain, if properly husbanded 
and disposed of, will raise a fund sufficient to liquidate the en- 
tire national debt upon equitable principles, besides providing 
for the future support of the State government, a system of 
common schools, and other institutions for the intellectual, moral 
and religious improvement of the rising generation. With suet 
a population as Texas possesses, characterized as it is with great 
intelligence and enterprize, and with such elements of pros- 



'Gammel's Laws of Texas, Vol. II, (1297); Journals of the Conven- 
tion Assembled at the City of Austin on the Fourth of July, 1845. 361- 
362. 



214 University of Texas Bulletin 

perity as she now possesses, a genial climate and a fertile soil, it 
will be her own fault if she does not reach an importance and 
a social elevation, not surpassed by any community on earth. 1 



MESSAGE OF GOV. J. PINCKNEY HENDERSON 

J. Pinckney Henderson was the first governor of the State of Texas, 
holding office from 1845 to 1847. 

EXECUTIVE DEPARTMENT, 

Austin, Feb. 24, 1846. 
Gentlemen of the Senate and House of 
'Representatives : 

The prosperity, happiness and permanence of every govern- 
ment, like ours, where all authority is derived from and exists 
at the will of the people, greatly depends upon the intelligence 
and moral and religious character of its citizens. That pros- 
perity, happiness and permanence can be best secured to our- 
selves and posterity by making liberal provisions for the educa- 
tion of the rising and future generations. By the Constitution 
it is made the duty of the Legislature to make suitable provi- 
sion for the support of public schools and to set apart not less 
than one tenth of the annual revenue of the State as a perpetual 
fund for that purpose, and as soon as practicable to furnish 
other means for the support of free schools throughout the State 
By taxation. The slow progress made by most of our sister 
States in collecting a sufficient fund' for educational purposes 
and maturing plans for public schools, should warn us of the 
necessity of commencing that important work with our earliest 
existence as a State. The people of no State have ever yet had 
occasion to regret the munificence of their Legislature upon this 
subject, when proper care has been taken to establish a good 
system of public instruction, and to insure a prudent manage- 
ment of the means appropriated. By reference to the plans 
adopted by other States, we will, aided by their experience, 
doubtless be able to organize free schools upon a plan entirely 



1 Journals of the Senate of the First Legislature, 14-15; Journal of 
the House, 17. 



Education in Texas 215 

satisfactory to the community, and which will be productive of 
great good. 

J. Pinckney Henderson. 1 

MESSAGE OP GOVERNOR GEORGE T. WOOD 

George T. Wood was Governor from 1847 to 1849. 

Executive Department, 
Austin, Dec. 29, 1847. 
Gentlemen of the Senate, 

and of the House of Representatives: 

By the 10th article of the Constitution, it is made the duty 
of the Legislature to make suitable provision for the support and 
maintainance of public schools. Your body is further required, 
as early as practicable to establish free schools throughout the 
State. One tenth of the annual revenue derived from taxation 
is set apart as a perpetual public free school fund. In addition 
to this general fund, the land granted to the various counties, 
for school purposes are made a perpetual fund, and those coun- 
ties, which have not as yet received their quantum of school 
lands, shall be entitled thereto. « 

The Congress of the late Republic of Texas by an act approved 
26th January, 1839, directed to be surveyed and set apart for 
each county, for the purpose of establishing a primary school or 
academy in each county, three leagues of land. 

By the same act fifty leagues of land were directed to be sur- 
veyed and set apart for the endowment of two colleges or uni- 
versities. 

By another act approved 5th February, 1840, the Chief Justice 
and two associate Justices of each county were appointed a 
board of School Commissioners, with power to have located 
and surveyed the three leagues above referred to, and the addi- 
tional power of surveying and selling an additional league of 



^Message of Gov. J. Pinckney Henderson, February 24, 1846, 6-7; 
Appendix to the Journals of the Senate, of the First Legislature of the 
State of Texas, 9-10. 



216 University of Texas Bulletin 

land ; the one-half of the proceeds of such sale to be applied to 
the endowment of the county academy, and the remainder to 
be distributed to the county school districts. 

This is the whole of our imperfect legislation on the great and 
vital subject of Education. 

It is almost impossible to tell what the old counties have done 
upon the subject of surveying and selling school lands. To ob- 
tain the necessary information in relation to the matter, we need 
some legal provision requiring the county clerks, assessors or 
chief justices to report what has been done in their respective 
counties. It is believed however, that few of the counties have 
had the land surveyed. 

The system of leasing or renting school lands has never worked 
well in any of the states. Experience has universally proved 
the expediency of selling such lands and bringing the monies 
into a general school fund. 

To begin, however, in this great work, it will be necessary 
that we should know, what lands have been set apart by the 
counties where they are situated; and that we proceed under 
constitutional requirements to have set apart the deficient lands. 
I therefore recommend that you make provision on this subject 
at as early a day as practicable. 

It will also be for your body to say what disposition shall be 
made of the tenth of the revenue now in the Treasury, and an- 
nually coming in as a permanent school fund. 

George T. Wood. 1 

MESSAGE OF GOVERNOR GEORGE T. WOOD 

EXECUTIVE OFFICE, 

Austin, Nov. 6, 1849. 
Gentlemen of the Senate and 

House of Representatives: 

The Constitution of our State enjoins upon the Legislature 
the duty of making suitable provision, as early as practicable, for 



^Message to the Legislature, Dec. 29, 1847, 5-6; Journal of the Senate, 
80-81; Journal of the House, 170-171. 



Education in Texas 217 

the support and maintenance of free public schools. It also ex- 
pressly sets apart and reserves for this purpose, one-tenth of 
the annual revenue accruing- from taxation. The amount of this 
fund in the Treasury on the first day of this month, was $25,- 
503 82. It will require no labored discussion to impress upon 
your minds the importance of education. The framers of our^ 
State Constitution wisely declared that a general diffusion of 
knowledge is essential to the preservation of the rights and 
liberties of the people. No truth is more fully verified by all 
history. Nations, however powerful in numbers and physical 
resources, can never hope to achieve or perpetuate moral and 
political freedom where ignorance prevails. The vitality of 
republican forms of government especially, resides in the in- 
telligence of the masses. An enlightened people will be neither 
the dupes nor the victims of corrupt political leaders. How im- 
measurably important, then, it is for us to give early attention 
to the mental and moral improvement of the generation grow- 
ing up among us. — Let some just and feasible plan be adopted, 
to apply the means now in the Treasury of the State to this 
object, so as to produce the greatest good to the greatest num- 
ber. There is, it is true, not sufficient to establish and maintain 
a school in every neighborhood. It may, however, be so distri- 
buted, under careful and competent supervision, as to aid the 
efforts of individuals, and go far in this way to encourage the 
cause of education. If it be permitted to lie in the Treasury 
until it be sufficient to support public schools throughout the 
State, it will be useless for many years. In the meantime, those 
who are now children will have grown up to be men and citi- 
zens, and many of them, perhaps, without being able to read 
the tickets which they place in the ballot-box. The consequences 
of such a result will not only be discreditable to those who at 
this day are the guardians of the public weal, but equally un- 
fortunate in their effects upon general society. Vice, and crime, 
and a slavish subserviency to dictation, are the usual concomi- 
tants of ignorance. Let us arrest this state of things by timely ac- 
tion. Justice demands that the taxes paid by the present popu- 
lation of the State, for education, should be devoted to that 
object without unnecessary delay. To hoard them for the bene- 
fit of the next generation would be as manifestly unfair as it 



218 University of Texas Bulletin 

would, in my opinion, be unwise. The means at our disposal 
will do something for the cause of education, if judiciously ap- 
plied. Let this be done at once, and there will be some security 
that the advantages thus conferred upon the present generation 
will yield abundant blessings upon the next. 

I would recommend that the proper steps be taken to ascer- 
tain the present situation, in respect to location and survey, of 
the various grants of land heretofore made for purposes of edu- 
cation. It appears, from an examination of the acts of the Con- 
gress of the late Republic, that the number of acres thus appro- 
priated out of the public domain, is 1,731,348 ; of which, 1,399,- 
248 are general, and 332,100 acres special grants. I adhere to 
the opinion expressed in my first message, that it would be 
judicious to dispose of these lands and bring the proceeds into 
a general school fund. The experience of other States justifies 
the belief that the system of leasing or renting them is not to be 
preferred. In Texas many years must elapse, antb-ojie or two 
generations pass away, before they would produce anything to 
aid the cause of education. I would therefore suggest, that the 
Constitution be so altered as to bring these lands into market 
under proper regulations ; and that the money derived from their 
sale be invested in safe and productive stock. The annual in- 
come from this source would probably be greater than the an- 
nual increase in the value of the lands; and some of the ad- 
vantages of this rich inheritance secured to them by the labors 
and valor of their fathers, be enjoyed by their children. 

George T. Wood. 1 

MESSAGE OP THE GOVERNOR TO THE FOURTH LEGISLATURE 
GOVERNOR F. H. BELL 

P. H. Bell was governor from 1849 to 1853. His recommendation 
along with that of Governor Pease led to the enactment of the law of 
1854 which finally gave Texas the beginnings of a system of schools. 



^Message With Accompanying Documents, Nov. 6, 1849, 12-13 ; Journal 
of the Senate, 20-21; Journal of the House, 21-22. 



Education in Texas 219 



EXECUTIVE DEPARTMENT, 

. STATE OF TEXAS, 
AUSTIN, NOVEMBER 10, 1851. 

To the Honorable Senate 



and House of Representatives. 



Amongst the many questions of importance which will be pre- 
sented for your deliberation, there will be none, probably, so 
great in magnitude, and which have excited so large a share of 
interest in the public mind, as those which have grown out of 
the passage, by the general Congress, of what is termed the 
Texas Boundary Bill, and the acceptance of the provisions of 
that act by the people and Legislature of this State. 

From the report of the Comptroller, it is evident that the 
whole ten millions of dollars 1 will not be required to discharge 
the outstanding liabilities of the State according to the scale 
which has been adopted for ascertaining the actual amount of 
those liabilities, and from which I can see no just reason to de- 
part; and it will therefore become a subject of interesting in- 
quiry to you, as to the best mode of investing or disposing of 
the surplus. Upon this subject, there seems to exist much 
diversity of sentiment in the public mind. Some entertain the 
opinion that the whole amount of the surplus should be devoted 
to the internal improvement of the State; others believe that a 
large portion should be applied to the purposes of education, in 
the establishment of free schools, and other institutions of learn- 
ing; while another class believe that it should be invested in 
some secure and profitable stock, the interest arising from which 
would be sufficient to meet the ordinary expenses of the State 
Government, and thereby entirely release the people from taxa- 
tion. 2 

The last few years have spread abroad more accurate knowl- 
edge of the number and character of our population, and the 
true value of our immense territory is now better known and 
more appreciated — a consequent tide of immigration, uniform 



J The amount obtained from the Boundary Settlement. 
"^Journal of the Senate of the Fourth Legislature, 24, 30-31. 



220 University of Texas Bulletin 

and steady in its movements, is continually flowing in upon us, 
and in a short period, we shall have the satisfaction of seeing 
immense numbers of these hardy, enterprising immigrants de- 
veloping the resources of the State in its rich productions; 
labor, everywhere will be seeking employment, and capital, a 
profitable investment. Our State government, in the meantime, 
relieved of its pecuniary embarassments, and calculating with 
certainty its financial ability, will be enabled with greater safety, 
to indicate her future policy in the adoption and promotion of 
some general system of internal improvements. Though new 
in her position amongst the great family, Texas is fully alert to 
the nature and value of the testimony, to be derived from the 
older members, in respect to the practical results, increased 
wealth and enterprise, which are conferred upon a people who 
pursue a system of internal improvements, with wise patriotic 
and energetic action. Already the enterprising efforts directed 
by private capital, in clearing out some of our principal rivers; 
in connecting the Brazos river with the Gulf by canal, the pro- 
jection of the San Antonio and Gulf Rail Road, and other im- 
provements of less magnitude, have received the favorable con- 
sideration of the country and elicited much anxiety for their 
completion. How far it will be judicious at this time to em- 
bark in works of internal improvement, until a certain and 
ample fund shall have been provided for their speedy comple- 
tion, is submitted to the wisdom of the Legislature. 

Amongst the many subjects of paramount importance and 
interest, demanding your present deliberation and action, but 
few can justly claim precedence over that of education. Its im- 
portance in the establishment and maintenance of the free and 
happy institutions under which we have so long lived, waa 
warmly inculcated by the patriots who established them. We 
who have been the favored recipients of a rich inheritance, the 
result of sacrifices and labors of the wise and good, should never 
fail to appreciate the blessings it confers, nor ever forget that 
its transmission, unimpaired to our successors, is a sacred duty. 
Living in the middle of the nineteenth century, with the lamp 
of experience before us, and boasting of an era marked by great 
philosophical research and scientific discovery, we cannot safely 



Education in Texas 221 

incur the hazard of losing, or impairing- this boon, in neglecting 
the means by which mainly, it is to be perpetuated. — Those 
means are to be found in the universal extension of the benefits 
of education. From it will result intelligence and virtue, the 
true basis of republican freedom. It is quite unnecessary for 
me to enumerate the advantages of a liberal and well conducted 
system of popular education — one that would be uniform and 
efficient in its practical bearings, dispensing full and equal 
benefits to all. The sentiment of the State is awakened, and is 
restless upon this interesting subject, demanding prompt and 
energetic action on the part of those entrusted with parental 
care, in all things that pertain to the promotion of this great 
cause. 

The framers of our State government were so deeply im- 
pressed with the belief that a general system for the education 
of the youth of the country, based upon broad and liberal prin- 
ciples, was of vital consequence, that they engrafted in the or- 
ganic law this important injunction, that "a general diffusion 
of knowledge being essential to the preservation of the rights 
and liberties of the people, it shall the duty of the 
Legislature of this State to make suitable provisions for the 
support and maintenance of public schools." The State has 
thus indicated her policy in this matter; she has been the dis- 
penser of a munificent bounty, and when made available and 
properly applied, will fulfill the beneficent intentions of the 
framers of the constitution, and an additional safeguard thrown 
around that instrument by the intelligence and moral weight to 
be derived from the provisions contemplated by the section 
quoted above. 

There is no one who feels a deeper interest, or who more 
ardently desires to promote the cause of education than my- 
self, and I will most cordially cooperate with you in any plan 
which will practically advance that object in such a way as to 
diffuse its benefits generally through the country. But after 
bestowing the best reflection I have been able to give the sub- 
ject, I am not prepared to recommend the immediate adoption 
by your Honorable Body, of the system which has been provided 
for by the constitution and subsequent legislative enactments 
under it. — In considering this great and paramount interest, it 



222 University of Texas Bulletin 

is well to guard against a mere plausible theory, and in embrac- 
ing any system, it were useless, unless that system, examined in 
all its bearings, shall be practical in its essential features, and 
simple in the application of its principles. In order to make 
any plan operate equally, schools must be established in every 
county and neighborhood in the State, and to do this with the 
machinery which would be necessary to bring them into suc- 
cessful operation, would involve an expense greatly dispropor- 
tioned to any benefits which could result from them in the 
present sparse population of most of the counties; and I could 
not give my assent to any plan which would operate unequally, 
or which would confer benefits on one portion of the State, and 
which could not be felt or enjoyed in every other section. 

The fourth section of an act of the late Republic, approved 
January 26th, 1839, contemplates that two Universities shall be 
created, and fifty leagues of land were then directed to be sur- 
veyed and set apart for their endowment. It may now be a 
question whether or not this is the appropriate time for the com- 
mencement of these establishments; and whether or not, if the 
means which the State can advance for the purpose of educa- 
tion, are applied to them, it would be the best application of 
those means. The subject is referred to the wisdom of the 
Honorable Legislature. 

It has been suggested to me, and the suggestion has come 
from a source entitled to respect, that the best mode, at present, 
of promoting the cause of education by the State, will be found 
in subscribing for a certain number of scholarships in the sev- 
eral institutions already established, and which are about to be 
established by private individuals enterprise; the extent of 
these subscriptions to be regulated by the character and im- 
portance of those institutions respectively. It is alleged that by 
doing so, and paying the subscriptions in advance, the State 
will not only aid in perfecting those institutions, but will have 
an opportunity of educating at "each one of them, (in propor- 
tion to the scholarships taken,) a number of the worthy youths 
of .the country who are unable to educate themselves, and who, 
w^hen thus educated, will be prepared to take charge of the 
common free schools which the State will, no doubt, at some 
future day, desire to establish throughout the country. 



Education in Texas 223 

I have thought proper to submit this suggestion for the con- 
sideration of the Legislature, coming as it did, from a highly 
intelligent and respectable source. 

You have assembled at an important period in the history of 
our State, with universal health pervading it; her citizens are 
enjoying the rewards of their labors in the abundance of its 
rich production, and every where we have indications of pros- 
perity. 

For these, and many other blessings our expressions of grati- 
tude are signally due to the Supreme Ruler of the universe. 

P. H. BELL. 1 

MESSAGE OF THE GOVERNOR TO THE FIFTH LEGISLATURE 

EXECUTIVE DEPARTMENT, STATE OF TEXAS, 

AUSTIN, NOVEMBER 9, 1853. 

Gentlemen of the Senate and House of Representatives : 

Since my occupancy of the Executive chair, I have had occa- 
sion, in more communications than one, to call the attention of 
the Legislature to that important article of the Constitution 
which relates to the great cause of Education ; and, in doing so, 
by all pertinent suggestions and appeals to impress upon that 
body the necessity of an early fulfillment of its first section, by 
setting on foot and maturing some practicable and liberal 
system of popular education. Upon this subject I shall feel that 
my duty to the State has been fully discharged, when, in fol- 
lowing up a reference I had the honor to make in a communi- 
cation of the 10th of November, 1851, relative to the fifty leagues 
of land to be surveyed and set apart for the endowment of two 
Universities, I recommended, as I now do, a liberal appropria- 
tion of means for the establishment and maintenance of two 
Colleges, or Universities, to be located at such eligible points as 
may best subserve the interests and convenience of the two 



l rbid., 32-35, 49. 



221 University of Texas Bulletin 

grand divisions of the State. Such appropriation to be em- 
ployed in addition to that already set apart by the fourth section 
of an Act approved January 26th, 1839. This recommendation 
is made in the full confidence thai the present is a highly 
favorable time for the commencement of these establishments, 
whether we consider the capability of the State to provide the 
necessary means for so wise a purpose, or the very best applica- 
tion of those means. 

P. H. Bell. 1 
GERMAN MASS MEETING, 1854. 

San Antonio, May 15 

A. Politische Reform 



d. Aufhebung der Kadetten-Erziehungs-Anstalten ; 

e. Einriehtung von Bildungs-Anstalten fur gediente Solda- 
ten zu Offizieren und Staatsbildung fur Offiziere in Theorie und 
Praxis. 

B. Sociale Reform 



7. Der Staat hat die Pflicht, fur die Erziehung der Jugend 
zu republikanischen Staatsburgern Sorge zu tragen, und alle 
hemmenden Einfliisse auf die P]rziehung so viel als moglich za 
beseitigen ; darum fordern wir : 

a. Freie Schulen lediglich aus Staatsmitteln ; 

b. Ganzlichen Ausschluss des Religionsunterrichts und der 
Religionsbiicher aus den Schulen ; 

c. Kein Lehrer darf Geistlicher sein ; 

d. Kein Kind darf dem Unterricht der Freischule entzogen 
werden, wenn nicht der Naehweis geflihrt wird, dass ein ge- 



Vournal of the Senate, 1853, 24-25; Message of the Governor to the 
Fifth Legislature of the State of Texas, Convened November 7, 1853, 
16-17. 



Education in Texas 225 

niigender Unterrichtsersatz auf andere Weise gesichert gewahrt 
wird ; 

e. Einrichtung von Universitaten, wo jeder dem Unterrichte 
unentgeltlieh beiwohnen kann ; 

f. Staatspriifung fur Lehrer, Aerzte und Apotheker. 

C. Religiose Reform 

Die Religion ist rein Privatsache. Die Vereinigten Staaten 
sind politische Staaten nnd haben kein Recht sich in Religions- 
Angelegenheiten zn mischen, weder hemmend noch bevorzu- 
gend; desshalb fordern wir: 

a. Abschaffung des religiosen Eides ; 

b. Anfhebung der Sonntagsgesetze und Bettage (Thanksgiv- 
ing days) ; 

e. Congress- und Representantenversammlungen sollen nicht 
durch Gebete eroffnet werden. 1 

GOVERNOR'S MESSAGE 

ELISHA MARSHALL PEASE 

Pease was one of the foremost educational statesmen of Texas. He 
was born in 1812 and reared near Hartford, Conn. He came to Texas 
in 1835 and fought in the Revolution. After holding many minor offices 
he was made Governor in 1853, and was reelected in 1855. He was 
appointed Governor by General Sheridan in 1867, but resigned shortly 
after. He made his first race for the Governorship on the questions 
of establishing a school system, and the policy of State assistance in 
building railroads. 

Gentlemen of the Senate, 

and of the House of Representatives : 



Of these measures, one of the most important is, to make a 
suitable and permanent provision for the support of public 
schools. The highest and most sacred duty of a free govern- 

'Winkler, E. W., Platforms of Political Parties in Texas, Bulletin No. 
53, 1916, The University of Texas, 58-61; San Antonio Zeitung, May 20 
and 27, 1854. 



226 University of Texas Bulletin 

ment, is, to provide the means for educating its citizens in a 
manner that will enable them to understand their duties and 
their obligations; this, too, is a measure that is enjoined upon the 
Legislature by the constitution. 

The want of available means has heretofore furnished a ready 
excuse for the neglect of this duty. But this no longer exists. 
The State now has ample means at its command, and an oppor- 
tunity is offered to establish a system of public schools that will 
extend its benefits to every child within its limits; if we fail to 
embrace it, we shall be faithless to our duties and the trust that 
has been reposed in us by our fellow-citizens. 

It is respectfully recommended, that two millions of dollars of 
the United States five per cent, bonds, now in the treasury, shall 
be appropriated and set apart as a permanent fund for the sup- 
port of public schools. That the income of this fund shall be 
annually apportioned to the several counties of the State, ac- 
cording to the number of free children in each between the ages 
of five and sixteen years, to be ascertained in such manner as 
may be considered most convenient, and that the amount due to 
each county shall be paid over to the county courts, to such 
teachers as the parents or guardians of the children may choose 
to employ for their education. 

I do not pretend to recommend this as a perfect system; but 
its operation will be simple and cheap ; it may be commenced 
without delay, and it seems to be better adapted to our situation 
than any other system that has come under my notice. A plan 
very similar to this has succeeded well in some of the neighboring 
States, where the population is sparse, like our own. Time and 
experience will point out the defects of the system proposed, 
and enable us by future legislation to perfect and adapt it to 
the situation and wants of our population. 

I would also recommend that the amount which has already 
accumulated by the appropriation of the one-tenth of the annual 
revenue of the State derivable from taxation, be added to the 
principal of this fund, and that for the future, this tenth be 
apportioned in the same manner as the income of the fund. 

Under the present provisions of the constitution, the lands that 
have been donated to the several counties for public schools 
cannot be alienated in fee, nor disposed of otherwise than by 



Education in Texas 227 

lease, for a term not exceeding twenty years. In a State where 
land is so cheap as it is here, and where so large a quantity is 
in market, it cannot be expected that under these provisions any 
benefit will be derived from these school lands during the present 
generation. Much of it is located in large bodies, in sections of 
the State where it would be improved if subject to sale. The 
policy of reserving from sale, and consequently from cultivation, 
such large bodies of land, may well be questioned, and I recom- 
mend to the constitution, by which these lands may be alienated 
under the direction of the Legislature, upon the petition of a 
majority of the citizens of the county owning the lands. 

If such an amendment were adopted, these lands might be 
subdivided into small and convenient tracts, and each alternate 
tract might be sold upon a long credit, at not less than a mini- 
mum price ; the purchaser to pay an interest of six per cent, on 
the amount of his purchase, to be annually expended in the same 
manner as the school money distributed by the State. By adopt- 
ing this policy, most of the counties would derive some immed- 
iate benefit from their school lands, and the alternate tracts re- 
served from sale would much more rapidly increase in value. 

The want of a good University in the State, where a liberal 
education can be obtained, is a serious inconvenience. It should 
be our policy to furnish, within our own limits all the means 
for obtaining an education, that can be had in any part of the 
Union, so as to remove the necessity of having to send our youth 
abroad to be educated among those who are hostile to the policy 
and institutions of the State. 

The present seems to be a favorable time to lay the foundation 
for such an institution, and I respectfully recommend that the 
sum of two hundred and fifty thousand dollars of the United 
States bonds now in the treasury, be appropriated and set apart 
as a perpetual fund, the interest of which shall be applied to the 
erection and support of a State University. The income of 
such a fund, with the amount that may hereafter be realized 
from the lands that have been set apart by an act of the late 
Republic, will, at no distant period, enable us to build up a Uni- 
versity fully adequate to all the wants of our State. I am aware 
that these lands were appropriated for the establishment and en- 
dowment of two Universities, but I suggest for your considera- 






228 University of Texas Bulletin 

tion, that it would be better to have one well endowed institu- 
tion of the kind, than to apportion our funds for the erection of 
two neither of which could afford the advantages which are fur- 
nished by similar institutions in other States of the Union. 

Should such an appropriation be made, it will be necessary to 
pass laws for the location of the proposed University at some 
central point, convenient to the entire State, as well as for the 
erection of the necessary buildings and for the organization and 
government of the institution. 

The establishment and endowment of an Asylum for lunatics, 
and an institution for the education of the deaf and dumb, are 
measures that should commend themselves to your consideration. 
Our census tables show that we have in our midst many of both 
of these unfortunate classes, who have a claim upon our sym- 
pathy and bounty, and who now have to be sent away from their 
friends to distant parts of the Union, in order to obtain the 
means of alleviating and improving their condition. 

Institutions of this character cannot be established in a State 
so new as ours, except under the care and patronage of the gov- 
ernment, and I recommend that the sum of five hundred thousand 
dollars of the United States bonds be appropriated and set apart 
as a perpetual fund, one-half for each of these institutions, the 
income of which shall be applied to their erection and support. 
Should you concur in this recommendation, you will of course 
pass the necessary laws for their location, establishment and 
government. 

These appropriations will absorb a large portion of the United 
States bonds now in the Treasury, but the objects for which it is 
proposed to use them are of great practical utility, and will be 
productive of benefits as lasting as the institutions under which 
we live. 

These appropriations will absorb a large portion of the United 
States bonds now in the Treasury, but the objects for which it is 
proposed to use them are of great practical utility, and will be 
productive of benefits as lasting as the institutions under which 
we live. 

• 

December 23, 1853. 

E. M. PEASE. 



Education in Texas 229 

Mr. Potter offered the following resolution : 

Resolved, That such portion of the Governor's message as 
refers to education be referred to the committee on Education; 
such as refers to changes of laws, to the committee on the Ju- 
diciary -, 1 ". 

PROCEEDINGS IN THE SENATE 

Friday, November 25, 1853. 



Mr. Holland, Chairman of the committee on Education, made 
the following report : 

Your committee on Education have considered a joint resolu- 
tion referred to them, proposing to amend the 10th article of the 
Constitution, and after due examination of the intention and 
necessity, instructed me to report the same back to the Senate, 
unamended, and recommend its passage. The committee are of 
the opinion that it is the duty of all liberal and well regulated 
governments to educate their children and prepare them for fu- 
ture usefulness; and inasmuch as our Constitution has wisely 
provided for the education of the children of the country, and 
this being a progressive age, in which we "live, move, and have 
our being," we believe that Texas should at once make ample 
provisions for this purpose from her treasury, and by liberal ap- 
propriations from her vast public domain, and thereby render 
direct taxation for this purpose useless and wholly unnecessary. 
And as the accompanying joint resolution has for its object the 
consummation of all these great ends, we hope it may receive 
the favorable consideration of the Senate and pass. All of 
which is respectfully submitted. 2 

Monday, November 28, 1853. 



Mr. Holland, Chairman of the committee on Education, made 
the following report : 



'Journal of the Senate of the Fifth Legislature, Part II, 13-25. 
^Journal of the Senate of the Firth Legislature, Part I, SO. 



230 University of Texas Bulletin 

The committee on Education have had under discussion that 
portion of his Excellency, Governor Bell's message, which re- 
lates to common schools and educational purposes. They have 
also considered a bill referred to them to establish a system of 
common schools and after an interesting investigation of its 
merits and demerits, have instructed me to report the same back 
to the Senate and recommend its passage, with the annexed 
amendment. 

It does not enter into the design of the undersigned commit- 
tee to enter into an elaborate argument upon the importance and 
propriety of their recommendation ; otherwise, strong and valid 
reasons might be adduced in its support. They hope, however, 
that a few simple suggestions will suffice. 

Your committee are well aware, that "a general diffusion of 
knowledge is essential to the preservation of the rights and lib- 
erties of our people;" and that the Constitution has wisely pro- 
vided for the dissemination of useful information throughout 
the country. 

They are also well aware that our State is so vast and exten- 
sive in her territory, and the same has heretofore been so sparsely 
inhabited as to have rendered the adoption of any method of 
free public schools at least doubtful and impracticable. But 
now, since the State is improving in wealth, strength, and moral- 
ity, they believe it to be politic for her to do all in her power to 
advance her interest by promoting the cause of education. 

The committee are satisfied that such a system as will meet 
the demands of all sections of the State cannot be adopted under 
existing circumstances ; but they are equally as well satisfied 
that much good may be effected, and to the largest number, by 
the adoption of a law embracing the provisions of the afore- 
said bill. 

And your committee are further of opinion, that it was the 
intention of the framers of the Constitution to provide for the 
education of the children of the present and rising generation, 
and more especially the orphans of those daring and chivalrous 
heroes who sacrificed themselves upon the altar of Texian lib- 
erty, should be the beneficiaries thereof ; and hence the necessity 
and utility of passing such an act as is contemplated in the ac- 
companying bill — ample enough in its provisions to begin a 



Education in Texas 231 

system — if not, in the opinion of the committee it is well worthy 
an experiment. It is only by degrees that any general system, 
having in view the general weal, can approximate perfection. 
Time will discover defects which experience will correct. 

The committee are further of opinion, that it would be unwise 
and impolitic to interefere with the public school lands, now 
nearly valueless. If let alone, the spirit of progression in in- 
ternal improvements, which has so largely infused itself into our 
legislative deliberations, giving an earnest that in a few years 
they will be so enhanced in value as to afford a revenue to sus- 
tain a common school system commensurate to the exigencies of 
a densely populated and prosperous State. 

Amendment 

Strike out in the 11th section all after the word "provided," 
and insert, ' ' That should any pupil or pupils, from any cause, be 
unable to attend school, the pro rata amount due such pupil shall 
stand to his or her credit annually, until said pupil or pupils 
may go to school, or pass beyond the age of nineteen years ; then 
the amount due said pupil or pupils shall go to the benefit of 
the district fund. 

And be it further provided, that should any such pupil die 
during any scholastic year, then the pro rata amount due such 
decedent shall revert back to the district fund. ' n 

Tuesday, Nov. 29, 1853. 



A bill to establish a system of common schools, with the report 
of the committee on Education recommending an amendment 
thereto; read and report adopted. 

Mr. Sublett offered the following as a substitute for the 
first section : 

Sec. 1. Be it enacted by the Legislature of the State of 
Texas, That the sum of three millions of dollars of the proceeds 
of the sale of the north-western territory of the State shall be 

l IUd., 94-96. 



232 University of Texas Bulletin 

set apart as a perpetual school fund, for the promotion of the 
cause of education, the Legislature to have the power to invest, 
recall and re-invest the said sum of money, as the public interest 
may require ; and the interest accruing upon the same to be ap- 
propriated and distributed as hereinafter provided ; which, on 
motion of Mr. Allen, was laid on the table by the following vote: 

Yeas — Messrs. Allen, Armstrong, Bryan, Burks, Doane, Durst, 
Edwards, Gage, Guinn, Kcenan, Kyle, Lott, Martin, Newman. 
Pedigo, Potter, Scarborough, Scott, Weatherford and Wren — 20. 

Nays — Messrs. Hill, Lytle, McDade, Millican, Paschal, Sub- 
lett, Superviele, Taylor and Whitaker — 9. 

Mr. Sublett moved to strike out "six" in the fifth section, 3d 
line, and insert "seven;" rejected. 

Mr. Durst moved to strike out ' ' six ' ' and insert ' ' four ; ' ' lost. 

On mlotion of Mr. McAnelly, "five" was inserted instead of 
* ' six, ' ' in fifth section and 3d line, by the following vote : 

Yeas — Messrs. Bryan, Burks, Doane, Durst, Edwards, Gage, 
Hart, Hill, Keenan, Lytle, Martin, McAnelly, McDade, Millican, 
Newman, Paschal, Pedigo, Potter, Scarborough, Superviele, 
Taylor, Weatherford, Whitaker and Wren — 24. 

Nays — Messrs. Allen, Armstrong, Guinn^ Holland, Kyle, Lott, 
Scott and Sublett — 8. 

On motion of Mr. Paschal, the bill and amendments were made 
the special' order of the day for Thursday, the 1st day of De- 
cember, at 12 o'clock. 1 

Friday, December 2, 1853. 



A bill to establish a system of common schools; read. 

On motion of Mr. Paschal, the substitute heretofore offered 
by Mr. Sublett, for the first section, was taken from the table. 

Mr. Potter offered the following amendment to said substitute : 

Which three millions of dollars shall remain in the bonds of 
the United States, now in the treasury of the State, until such 
bonds shall become due and be paid, which, on motion of Mr. 
Holland, was laid on the table by the following vote : 



Ubid., 102-103. 



Education in Texas 233 

Yeas — Messrs. Allen, Burks, Edwards, Hart, Hill, Holland, 
Jowers, Keenan, Lott, Martin, McDade, Newman, Paschal, 
Pedigo, Scott, Sublett and Superviele — 17. 

Nays — Messrs. Armstrong, Bryan, Durst, Gage, Guiim, Kyle, 
Lytle, McAnelly, Millican, Potter, Scarborough, Whitaker and 
Wren— 13. 

On motion of Mr. Scott, the substitute was amended by strik- 
ing out "three" and inserting "two and a half." 

The substitute was then adopted by the following vote : 

Yeas — Messrs. Burks, Doane, Edwards, Hart, Holland, Jowers # 
Keenan, Lott, Lytle, Martin, McDade, Millican, Newman, Pas- 
chal, Scott, Sublett, Superviele, Taylor and Whitaker — 19. 

Nays — Messrs. Armstrong, Bryan, Durst, Gage, Guinn, Hill, 
Kyle, McAnelly, Pedigo, Potter, Scarborough and -Wren — 12. 

On motion of Mr. Jowers, the first section was amended by 
inserting "alone" after the word "interest." 

Mr. Taylor offered the following amendment to come in at 
the end of the first section : 

Provided, that no parts of the said fund shall be invested at a 
less amount than five per cent, per annum ; adopted. 

The bill was then ordered to be engrossed. 1 

Tuesday, Dec. 6, 1853. 



A bill to establish a system of common schools; read third 
time. 

Mr. Hill offered the following amendment to come in at the 
end of the 9th section: 

Provided, that each and every district shall be entitled to se- 
lect and locate, in the manner herein provided, as many school 
houses as may be deemed necessary to enable every pupil to 
obtain the benefit of this act ■ adopted. 

The bill then passed by the following vote : 

Yeas — Messrs. Allen, Bryan, Doane, Durst, Edwards, Gage, 
Guinn, Hill, Holland, Keenan, Kyle, Lott, Lytle, Martin, Mil- 



Ubid., 132-133. 



234 University of Texas Bulletin 

lican, Newman, Paschal, Pedigo, Potter, Scarborough, Scott, Sub- 
lett, Superviele, Taylor, Weatherford, Whitaker and Wren — 27. 
Nays — Messrs. Armstrong, Burks and McAnelly — 3. 1 

Friday, January 6, 1854 



Mr. Holland, chairman of the committee on Education, made 
the following report : 

The committee on Education have had under consideration the 
important and interesting subject of the School Lands of the 
State. They have also investigated the condition of the lands 
appropriated by the Late Republic of Texas for the endowment 
of two universities, and after much time and labor devoted to 
the subject, the committee have directed me to make this report : 

UUtl., 140. 



Education in Texas 



235 



"0 




a 




eS 




IS 




« . 




>> 25 




v & 








3 P- 




od g 




tf* 




O -2 




■w — 




= = 




« o 




_ o 


02 


-C 3 

d-r 




h3" 


P 


•— o 


o 


«M 


o 


+a bti 


o 


d S 
s;d 


H 


2c 


P 


S c? 


K 


<tg 


H 


o s 


Z 


£° 


< 


»! 




— " 




*£ * - 








^ F"*" 




£ 5 








CE g 




«5 




at 




'z- 





02 



O 






<M -H* -*l •>* ■* •** 



O) o 



=3 



TO ^ 

£h O 

§ p 



05 O 

M PQ 



to « 

"5 s 

u d 

Eh fa 





c 


rti 








d 

at 



to 

r- 

0) 


d 
bo 


o 
m 






d 


d 


d 


Rj 


0) 


<i/ 


< 


< 


«! 


PQ 


cq 


pq 



§ £ o 



•S o g oj 

S X > <A g j* 

mmnfflfflfflfflooooooooo 



O " 



236 



University of Texas Bulletin 





03 02 




'-? eg 




eo s_ 




s a 




=r> 


M 


CA 




CO 


CO 


*j 


Ch 


3 


o 


o 


.a 




cs 


+J 


J 


a 








■5 


— 




i» 




03 




3 




M 




c8 




03 




J 




03 CO 




b si 




CO ^ 




3 - 




?> 




W 


? 





1j 
03 


CO 


ti 


O 




,a 


+-> 


rt 


a 


J 


< 


— 




CO 




CD 




■z 




bC 




(33 




03 








^ 


■ 


"2 *> 


03 o 


+■> -rH 


03 *4 


o ■>-> 


o 2 


J 5 


03 p— 






03 C 


fl CvS 


£ J 


t* 


Eh 


2 


P 


O 




O 



"^J* — 1 "^ ^f CN1 "^ 



f ■* t(< ■* 



i— •q- -* 1 CO CM CO 



rt 03 

,5 *J 

C3 S 03 c3 

03 CO CO 03 

CQ fc fa m 



CO CO CO 

CO cs 'P '£ "> 

X X b b cs 

03 03 GS m ~ 

pq pq ffi W H 



53 5 o .03 



2 



£> c 



M O 1 ^ 



(X w 



^ .2 

03 a — 15 



A Q Q H H fa 



o3 cd .2 -S 



S fl >> ^ o - « 



a s .s 



<e s- ?-. to "a 

CO CO 



bfi .5 
"3 - -S 

2 5 § 



OS-cSSOOS-i.i-cSCOCocoaj-H— i u 



Education in Texas 



237 



***H***^*N 



-*-*!-«*< ■* 






™ >» 



tf J 



3 is 



o §1 
W ffi t-j 



2 <s 



• -< (S » ffl 2 ,S 



02 tK 



t* Q) -r* 



O O 



iJ -r o iS rt 



S-, O a> 



£ £ 03 



rf o3 o 0) £5 O cS 






(JO — 



<X> 






c 3 



238 



University of Texas Bulletin 



M 

CO 

o 

■4-J 

a 


Leagues Labors Square 
Varas 


J3 

s 


Labors Square 
Varas 


CO 

p 
a 

CD 


O en 

J 5 

J2 eg 




P 

O 

o 



T— I ^H *tjH «^ ^f< 






Tf Tf CM T*< 



ti 



be h 

< 0( 






s ^ .s 

H JR C3 TO CO M M +J « "-• f* ™ 



.2 >, 

o m 



o a 



s ° 



Ct •— in U 



»-H 00 CO 



CO .O 
CO" 



C9 



Education in Texas 



239 





CD 




Si _ 




1 s 




02 [> 


M 





*j 




CO 


co 


*-> 


(h 


3 


o 


o 


,C5 




o3 


-M 


J 


a 




■3 






to 




CD 




3 




OJO 




§ 




CD 




iJ 




CD 








72 |> 







13 








+j 


to 


a> 


U 


ti 


o 




cS 


<: 




10 




CD 












bo 




rt 




CD 




A 


v, +> 


CD y 


rt 'C 


CD +-> 


O CO 


J 5 


2 -s 


<u C 


.£5 c§ 


£ J 


02 


g 


9 


«< 




£ 



CO OO CO 

io in to 

H tO H 



■*HMNNNHm 



O tP * CO 

tO CO M M 

C- N l> » 



CO 




oa 


N 


o 




-*< 


£ 


T^ 






N 


rH 




CM 


o 
Eh 
< 

P 

EH 


£N 


H 


^H 


i-l 


iH 


M 


"* 














■* 


0. 














O 


H 














CO 


tf 






























■Q 
















O 
















ti 
















«« 




DO 








^3 




C 




> 




CO 




^-4 


X 




u3 




c 




o 


cu 


"fl 




tn 




J3 




o 


pq 


a 




h 




o 

c 




=3 


$ 


&H 




^ 




rr 


d 






^T 




a 


F-l 

C3 


ho 
o 

u 


>o 




lb 


a 




Rj 


CD 


od 




CD 





- 




J 


m £ 




w 


M 


j 





CO 












» 


rr 


Fh 














a 


> 








CD 


o 
O 


O 


CiJ 


















p 


cu 






->-> 


CD 


5j 


>> 




o 

o 


s 


CO 

U 


3 
Efl 




CO 

u 

CD 

fit 


tn 

> 


CD 
P 


CC 




1 


CO 


5 


5 


£ 







•* 


as 


CD 




CO 


-*> 


Sh 


CO 


IO 


iH 








rt 


t> 


LO 


Ft 


c~ 


CO 




cci 


CO 


<X> 


QU 


> 







3 £ 





a 




P 




>d 




fl 




ed 


CO 
CJ 


CO 

CD 


*J 


01) 


a 


CJ 


p 


J3 


o 


o 


o 


U 



0) ^ 



240 University of Texas Bulletin 

Aggregate amount granted for educational purposes, 458 
leagues. 

The situation of the "University Lands," above referred to, 
might be more definitely stated as follows: 

Located in Grayson county, 73,654 acres 

Cook " 22,215 

Fannin " 39,515 

Hunt " 7,544 

Collin " 1,677 

McLennan " 41,212 

Lamar " 13,285 



Total returned 199,102 

There is a discrepancy of 8,457 acres between this statement 
and that made in the last bi-ennial report of the Commissioner of 
the General Land Office to the honorable Legislature. The error 
was made in compiling the statistics for said report, by including 
both the field-notes of an original and of a corrected survey of 
the same tract. This, therefore, can be relied upon as the cor- 
rect statement. 

The committee have taken some pains in procuring the fore- 
going statistical memorandum from the commissioner of the 
General Land Office, showing the exact situation of all lands 
granted, surveyed, returned, outstanding and otherwise appro- 
priated for educational purposes; and by an unanimous vote of 
the committee I am instructed to embody said statement in this 
report, in order that it may be spread upon the journals for 
general information. 

By an examination of the above memoranda it will be seen that 
the amount of land granted for purposes of education is four 
hundred and fifty-eight leagues; that out of the quantum of 
land donated by the old Republic, for the establishment of two 
universities, only 199,102 acres have been surveyed and returned 
to the General Land Office, leaving a balance unlocated of 
twenty-two thousand two hundred and fifty acres; and that out 
of the ninety-six counties in the State, entitled under a general 
law to four leagues each, for educational purposes, only eighty- 



Education in Texas 241 

four leagues have been located and returned, leaving a balance 
unlocated and due the several counties of the State of 300 
leagues. The committee believing that it is all important to have 
said land surveyed and returned as early as possible have in- 
structed me to report to the Senate the two accompanying bills 
and recommend their passage. 

A bill to amend an act in relation to common schools and 
academies, and to provide for securing the lands formerly ap- 
propriated for the purposes of education, approved February 
5th, 1840 ; each read first time. . 

Mr. Holland, of said committee, made the following report : 

The committee on Education have considered the suggestion 
of Governor Pease on the subject of the endowment of a State 
University, and have instructed me to report the accompanying 
bill, setting aside a certain sum therein named as a perpetual 
fund, the interest on which, at a proper time, to be used for the 
establishment and maintenance of one or two State universities, 
and recommend its passage. 

A bill setting aside two hundred and fifty thousand dollars as 
a perpetual fund for the establishment of one or two universities ; 
read first time. 1 

Tuesday, January 10, 1854. 



A bill to provide for the investment of $2,500,000 of the 
special school fund in the bonds of railroad companies. Adopted 
by the following vote : 

Yeas — Messrs. Allen, Bryan, Edwards, Gage, Hart, Hill, Jow- 
ers, Keenan, Lott, McDade, Millican, Newman, Paschal, Scott 
Sublett, Superviele and Weatherford — 17. 

Nays — Messrs. Armstrong, Burks, Guinn Holland, Kyle, Mar- 
tin, McAnelly, Potter, Scarborough, Taylor, Whitaker and 
Wren— 12. 

Mr. Weatherford offered the following amendment to the bill : 

In the 3d section and 13th line, after the word "business," 

'Ibid., 78-83. 



242 University of Texas Bulletin 

insert: "Together with all the lands that said companies may- 
obtain from the State, by virtue of the several acts to encourage 
the construction of railroads in Texas by donations of lands, 
provided the lien upon the land shall be void so soon as one hun- 
dred miles of their road shall be completed. 

On motion of Mr. Potter, the Senate adjourned until 3 o'clock, 
P. M. 

Three 'Clock, P. M. 
• 

Mr. Weatherf ord 's amendment to a bill to provide for the in- 
vestment of $2,500,000 of the special school fund in the bonds of 
railroad companies, being under consideration when the Senate 
adjourned, taken up. 

Mr. Gage moved to lay said amendment on the table. 

On motion of Mr. Taylor, there was a call of the House, and 
the Sergeant-at-Arms dispatched for absentees. 1 

Saturday, January 21, 1854. 

Mr. Holland, chairman of the committee on Education, to 
whom was referred a bill to establish a system of schools, orig- 
inating in the House, and adopted by that body as a substitute 
for the Senate's bill to establish a system of common schools, 
reported the same back to the Senate and recommended its 
passage. 2 

Tuesday, January 24, 1854. 

On motion of Mr. Scott, a bill to establish a system of schools 
was taken up, and, on motion of Mr. Keenan, mlade the order 
of the day for to-morrow at 12 o'clock. 3 

Wednesday, January 25, 1854. 

A bill to provide for the investment of $2,500,000 of the 



Ubid., 90-91. 
2 Ibid., 143-144. 

Hbid., 171. 



Education in Texas 243 

Special School Fund in bonds of railroad companies; read 
third time. 

On motion of Mr. Paschal, there was a call of the Senate, and 
the Sergeant-at-Arms dispatched for Messrs. Jowers, Lott, Ped- 
igo and Superviele. 

On motion of Mr. Taylor, joint resolution reported by the 
House, resolving to adjourn sine die, the Senate concurring, on 
the 6th day of February next, at 1 o'clock, P. M., was taken up 
and adopted by the following vote : 

Yeas — Messrs. Armstrong, Burks, Guinn, Hart, Holland, Jow- 
ers, Kyle, Martin, McAnelly, Newman, Potter, Scarborough, 
Scott, Taylor, Weatherford, Whitaker and Wren — 17. 

Nays — Messrs. Allen, Bryan Doane, Durst, Gage, Hill, Kee- 
nan, McDade, Millican, Paschal, Pedigo and Sublett — 12. 

On motion of Mr. Holland, the call was suspended. 

The Senate refused to pass the bill to provide for the invest- 
ment of $2,500,000 of the special school fund in bonds of rail- 
road companies, by the following vote : 

Yeas — Messrs. Allen, Bryan, Doane, Durst, Gage, Hill, Kee- 
Kyle, Martin, McAnelly, Newman, Pedigo, Potter, Scarborough, 
Superviele, Taylor, Weatherford, and Whitaker — 16. 

Mr. Lott being absent, Mr. Wren paired off. 

Mr. Potter moved a reconsideration of the vote rejecting said 
bill. On motion of Mr. Hart, the previous question was or- 
dered. 

The question recurring upon Mr. Potter's motion to recon- 
sider, it was lost by the following vote : 

Yeas — Messrs. Allen, Bryan, Doane, Durst, Gage, Hill, Jowers, 
Keenan, McDade, Millican, Paschal, Scott, Sublett and Super- 
viele — 14. 

Nays — Messrs. Armstrong, Burks, Guinn, Hart, Holland, 
Kyle, Martin, McAnelly, Newman, Pedigo, Potter, Scarbrough, 
Taylor, Weatherford and Whitaker — 15. 



A bill to establish a system of schools; read. 
Mr. McAnelly offered the following amendment : 
"Provided, the bonds set aside by this act shall not be in- 



241 University of Texas Bulletin 

vested otherwise than they now are; nor used for any other 
purpose than that which is contemplated by this act, until after 
the expiration of ten years from the passage of this act ; ' ' which, 
on motion of Mr. Weatherford, was laid on the table by the 
following vote : 

Yeas — Messrs. Allen, Bryan, Burks, Durst, Gage, Guinn, Jow- 
ers, McDade, Millican, Newman, Paschal, Pedigo, Scarborough, 
Scott, Sublett, Superviele, Taylor and Weatherford — 18. 

Nays — Messrs. Armstrong, Hill, Holland, Kyle, McAnelly 
and Whitaker — 6. 

Mr. Millican offered the following amendment: Strike out 
" 16 " and insert " 19 ", in the 5th section. 

Mr. Weatherford moved to lay said amendment on the table; 
lost by the following vote : 

Yeas — Messrs. Armstrong, Durst. Guinn, Hart, Holland, Jow- 
ers, Kyle, Potter, Scarborough, Scott, Taylor and Weather- 
ford— 12. 

Nays — Messrs. Allen, Bryan, Burks, Gage, Hill, Martin, Mc- 
Anelly, McDade, Millican, Newman, Paschal, Pedigo, Sublett, 
Superviele, Whitaker and Wren — 16. 

On motion of Mr. Holland, the previous question was ordered 
by the following vote : 

Yeas — Messrs. Armstrong, Durst, Guinn, Hart, Holland, Jow- 
ers, Kyle, Martin, Newman, Paschal, Potter, Scarborough, Scott, 
Superviele, Taylor and Weatherford — 16. 

Nays — Messrs. Allen, Bryan, Gage, Hill, Keenan, McDade, 
Millican, Pedigo, Sublett and Whitaker — 10. 

The bill was then passed to a third reading by the follow- 
ing vote : 

Yeas — Messrs. Allen, Armstrong, Bryan, Durst, Gage, Guinn, 
Hart, Holland, Jowers, Kyle, Martin, McDade, Newman, Paschal, 
Pedigo, Potter, Scarborough, Scott, Superviele, Taylor and 
Weatherford— 21. 

Nays — Messrs. Hill, Keenan, McAnelly, Millican, Sublett and 
Whitaker — 6. 

On motion of Mr. Kyle, the Senate adjourned until 3 o'clock, 
P. M. 1 



'Ibid,, 177-178. 



Education in Texas 245 

Tuesday, January 31, 1854. 

Mr. Holland, Chairman of the Committee on Education, made 
the following report : 

The committee on Education have had under consideration a 
bill to incorporate two Universities for the State of Texas; they 
have also examined the following resolution adopted by a meet- 
ing of the friends of education held in the city of Austin on 
the 24th inst. :* 

"Resolved, unanimously, That the Legislature now in session 
be respectfully requested to make a liberal and equitable appro- 
priation of money and land to the various academies and col- 
leges already chartered and now in successful operation. ' ' 

The committee have instructed me to say, that in their opinion 
the subject matter contained in the bill and resolution above 
referred to is of too much importance to be considered and 
passed upon at this late hour of the session; and, therefore, 
should be reported back to the Senate, to be placed among the 
unfinished business of the session, and ask to be discharged from 
its further consideration. 2 

DEBATES IN THE HOUSE 

Tuesday, Dec. 13, 1853. 



Mr. Palmer said — 



Now, we see here two sections of the Constitution — one requir- 
ing the legislature to make suitable provisions for the support 
of public schools, and another providing for immediately raising 
a fund for the support of Free Common Schools. The question 
is, then, has the legislature made the provisions required by the 
Constitution? I say, without the possibility of successful con- 



'Compare page 263. 
-Ibid., 222-223. 



246 University of Texas Bulletin 

tradiction by any individual on this floor, that it has not done it. 

The fund arising from the ten per cent, appropriations has 
not yet amounted to a sum not exceeding fifty or sixty thousand 
dollars and the whole fund together with the ten per cent, set 
aside upon the sale of the indemnity bonds does not amount to 
over eighty-two thousand dollars. How long, sir, has it taken 
to raise this amount in this way? I believe about seven years. 
Now, how long, at such a rate, will it take to raise a sufficient 
amount to establish and support a proper school system through- 
out our broad State ? I believe I shall not be going beyond the 
bounds of probability in supposing it will take, at least, one 
hundred and ninety-nine years. 

I state as a proposition which cannot be denied, that so long 
as the amount expended for the support of schools is annually 
taken from the principal, and the principal is thus continually 
diminished, you cannot provide as you should do for their sup- 
port. What good could be effected by that eighty-two thousand 
dollars? If you undertake to use the principal in organizing 
your system, it would be exhausted in the first year and the 
system would come to an end. If, on the other hand, you put it 
out on interest at ten per cent, interest, you would have but 
eight thousand two hundred dollars to expect annually for this 
purpose. How far, Mr. Speaker, would that go in supporting 
public schools ? It would not support a school in five counties in 
the State. It cannot be denied that the provisions of the Con- 
stitution — enactments of the legislature thus far under them, 
have proved wholy insufficient to accomplish the desired objects. 
Then, sir, this bill undertakes to remedy that defect. It under- 
takes to set aside such an amount for school purposes, as when 
properly invested, will give them an adequate support by the 
expenditure of the interest annually arising therefrom. 

The interest on the two millions of bonds now proposed to be 
set aside at five per cent, is a hundred thousand dollars. This 
is actually more than, under the provisions of the Constitution, 
the school fund has amounted to in the space of seven years. 
And this one hundred thousand dollars can be used immediately 
for the support of schools. These two millions, then will re- 
main as a permanent school fund, untouched and undiminished ; 
the interest being sufficient to put and keep in successful opera- 



Education in Texas 247 

tion a school system, from which each and every part of the 
State must derive the highest benefits. 

I think it will be found upon an investigation of the school 
system of several sister States, that there are only two modes by 
which anything deserving to be called a school system can be 
maintained. The one is by establishing a permanent school fund, 
the interest of which can be annually appropriated for the sup- 
port of schools. The other by direct taxation. Such States as 
have attempted to support their public schools by direct taxa- 
tion alone, have wholly failed. This we desire to avoid. 

I think it can be clearly shown that those States which have 
had the most successful systems have had permanent school funds 
which they have kept invested at interest, so as to furnish an 
annual fund for the support of schools without using or dimin- 
ishing the permanent fund. 

I beg leave here, Mr. Speaker, to read a statement relative to 
the school funds of several of the different States, and the man- 
ner in which they have established and are kept up. 

Maine has a permanent school fund of 100,000 

Vermont 234,900 

Massachusetts 810,494 

Rhode Island 433,635 

Connecticut 2,070,055 

New York 6,374,144 

New' Jersey • 380,000 

Delaware 175,750 

Virginia 541,200 

Georgia 263,000 

Alabama 927,850 

Tennessee 884,043 

Kentucky 1,221,819 

Ohio 1,455,124 

Michigan 457,042 

Indiana 279,663 

Wisconsin 76,510,949 

The School fund of Rhode Island is invested in Bank stock 
and other securities, the interest on which together with the 
amount raised by taxation furnishes annually for the support 
of her schools the sum of $54,000. 



248 University of Texas Bulletin 

The school fund of Connecticut is invested in bonds and mort- 
gages and Bank stock, and the annual dividends arising from 
the same, and given to her schools amount to $119,385. 

The school fund of New York is so invested as to furnish an 
annual dividend to schools of $412,896.29 which is appropriated 
to the education of over half a million of children annually. 

The school fund of Alabama was raised by the sale of lands 
granted by Congress, sold on a credit at interest. The amounts 
collected on the sales remain in the Treasury as a charge against 
the State, at an annual interest, which is used for the support 
of schools. 

The school fund of Tennessee is invested in her State Banks 
stock, and $118,000 annually arising therefrom appropriated to 
the support of schools. 

The fund of the young State of Wisconsin is drawing an an- 
nual interest of 7 per cent., with which she has established upon 
a wise policy a permanent school system. 

The State of Pennsylvania is the only State within my knowl- 
edge which has ever been able to support successfully a school 
system by direct taxation. She raises the sum of $234,000 per 
annum by direct taxation for the support of schools. 

The States of North and South Carolina, Florida, Mississippi, 
Louisiana, Illinois, Missouri, and others have but poor, if any 
school funds, and in them the common school systems have been 
greatly neglected, to the injury and ruin of hundreds and thou- 
sands of the children of their best citizens. 

Now, what do we gather Mr. Speaker from an examination of 
these different systems? It is this! That wherever any school 
system which deserves the name of a system has existed, it has 
been established and supported by setting aside a fund for the 
purpose, and keeping the same permanently invested at interest, 
the interest arising from which has been found adequate to the 
support of their systems. 

Texas has now, sir, the opportunity of establishing a fund, 
which, if properly managed, will enable her to establish a school 
system, equal if not superior to that of any State in the Union. 
She has more than ample means to pay every dollar of her estab- 
lished debt, and set aside this fund now proposed to be secured 
for purposes of education. I hold now in my hands the last 



Education in Texas 249 

report of the Comptroller of the State, showing that after the 
payment of the entire debt of the late Republic upon the basis 
which has been established, including $668,871.65 still outstand- 
ing and unaudited; but supposed to be just, there will remain 
in the Treasury of the State $4,249,418.57, in the bonds of the 
United States, drawing five per cent, interest. 

Besides this, the annual revenues of the State, arising from 
taxation, are more than sufficient to pay all regular expenses of 
the Government. After setting aside two millions of dollars as a 
school fund, there would still remain in the treasury $2,249,- 
418.51, at five per cent, interest, which of itself would be suf- 
ficient to meet the annual expenses of the Government without 
taxation. 

Texas has now a fairer and better opportunity of making ade- 
quate provision for the support of her schools than any State 
has heretofore had, or can hereafter expect to enjoy. By setting 
aside these bonds, we secure an interest of $100,000 per annum, 
for the support of schools, which will be sufficient to put a 
system into immediate operation. And I believe that by 
judicious action one can at once be adopted which will meet the 
demands of the people on this subject ; and relieve us from the 
charge continually rung in our ears, of neglecting this all im- 
portant matter. I need not urge upon this House, Mr. Speaker, 
the importance of providing for the education of the youth of 
our land. Every mind is fully impressed with the belief that the 
future prosperity and happiness of our people, as well as the 
preservation of their liberties, depend greatly upon a proper 
diffusion of knowledge among them. And I have no doubt that 
two-thirds of the members of this House hold their seats here 
at this time under a promise to their constituents to make 
liberal provisions for the cause of education at this session, and 
I do hope and trust that every man's constituents who proves 
faithless to his trust in this respect, will hold him personally 
responsible for his action on this subject. And I appeal to those 
who claim to be the friends of education to secure this fund at 
the present session, while it is in their power to do so, — not by 
adopting the amendment of the gentleman from Victoria, (Mr. 
Stapp,) which seeks to set aside money which we cannot get hold 
of until every man, having a claim of one dollar against the 



250 University of Texas Bulletin 

State, sees proper to file a release. This so called amendment 
strikes immediately at the bill, and under the pretended garb of 
friendship seeks to give it a death blow. What good will it do 
the present population of Texas to set aside $2,000,000 which 
they cannot get hold of? Will that gentleman be kind enough 
to explain to this House how a school system is to be established 
and supported with that money, so long as our creditors choose 
to keep it locked up in the United States' Treasury, so that we 
cannot even use it to pay our debts with, except upon such terms 
as they may choose to dictate to us. 

I want the money with which to adopt a system now. Hun- 
dreds of our children will in all probability grow up in ignorance, 
if we have to depend on the plan proposed by the gentleman's 
amendment. The people want the means of educating their chil- 
dren now. They ask it not as a boon, but they demand it as 
their right, which, if not yielded to them ere long, will cause 
them to rise and give utterance to their voice in stronger terms 
than they have ever yet heretofore done. And I again warn the 
friends of education that if they let the present opportunity 
pass of securing this fund for purposes of education, and at a 
future day it shall be found secured to public creditors at the 
face value of their claims, or squandered still more foolishly, 
upon them rests the responsibility. 

I for one stand ready to perform what I believe to be our duty 
to ourselves, our constitutents, and posterity. 1 



Friday, Dec. 15, 1853. 
A BILL, 

To be entitled an act to appropriate and invest two millions of 
dollars as a special fimd, being under consideration — 

Mr. PARSONS said — It was not my intention to have troubled 
the House with any remarks on the bill now pending; but, sir, 
when I see honorable members on this floor manifesting such 



^rirWeekly State Times, Austin, January 14, 1854. 



Education in Texas 251 

cold indifference to the subject of education, I cannot in justice 
to my own feelings and the sentiments entertained by my con- 
stituents, longer forbear. 

Gentlemen, in their opposition to the measure now before us, 
have traveled beyond the record, and have gone on to suppose 
that another bill will follow, to loan the money proposed to be set 
apart, for the building of railroads. Admit the fact, and what 
then ? Why, sir, I contend that this policy has been fully settled 
by the people themselves, at both of the two last general elections. 
I mean the setting apart of a sufficient amount of money for a 
school fund — loaning the principal, for facilitating objects of 
internal improvements, and applying the interest towards the 
support of public schools. 

This, sir, was one of the most prominent points in the policy 
advocated by candidates, particularly those for Governor; and 
the gentleman from Fannin will recollect that this policy was 
advocated by his favorite candidate for that office, with all his 
known ability and eloquence. 

It was also a prominent point in the policy advocated by Col. 
Pease, our Governor elect. I hold in my hand a State Gazette 
of May 28th, containing a synopsis of an address of Col. Pease, 
and with permission of this House, I will read a short extract 
from it. — [read.] 

He stated that "if elected, he would recommend to the legis- 
lature the setting apart of $2,000,000 of the United States' stock 
now in the State Treasury, as a special and permanent school 
fund — the principal to be loaned, and the interest distributed 
among the counties, in proportion to the number of children be- 
tween the ages five and sixteen. He did not believe that there 
exists any constitutional objection to loans by the State to ob- 
jects of internal improvement, and was in favor of loaning the 
surplus in the treasury to corporate companies for that purpose, 
where they could give good and ample security for the payment 
of the principal and interest, at maturity," holding that the 
very idea of setting apart money as a permanent school fund 
contemplates its investment, otherwise the principal would be 
exhausted, and the special fund cease to exist. 

Yes, sir, I assert that these principles were promulgated 
throughout the length and breadth of our State, and no where 



252 University of Texas Bulletin 

have I heard of a dissenting voice among the people ; but on the 
contrary they have spoken to us in language which cannot be 
mistaken, that they expect us to carry out the measures. 

As the subject of education is the one now particularly before 
us, I desire to say that I look upon it, both in a social and 
political point of view, as one of vast importance. It is one, too, 
which is attracting the attention of patriots and statesmen 
throughout our country, for it is well known by those who are 
versed in the science of Government, that the tree of Liberty will 
not flourish in an ignorant soil — it will wither and die. Where 
the masses of the people are uneducated, designing politicians 
will artfully mislead them, and when once the Rubicon is passed, 
history informs us that their course has ever been onward to the 
destruction of every vestige of Liberty. Witness, for instance, 
Spanish America, as well as countries in Europe, where Repub- 
lican forms of Government have been attempted, and in con- 
sequence of the ignorance of the people, have fast degenerated 
into the worst of despotisms. In such country, how easy it is, 
for political Demagogues to excite the prejudices and inflame the 
passions of the multitude, and then to lead them on to deeds of 
cruelty most revolting. 

We boast it as the distinguished feature in our Republican 
Institutions that all power is lodged in the hands of the people. 
This is undoubtedly the best form of Government ever devised, 
where the people are capacitated to use that power intelligently 
and wisely — otherwise it is but as a knife in the hands of the 
maniac. A Republic, in which the people who hold the sovereign 
power are given up to ignorance and moral degradation, is one of 
the grandest treasons ever devised against humanity. History is 
a stern monitor, and she warns us, as we value the liberties and 
welfare of our country, that we seek out the amelioration of the 
masses, by educating them and inspiring in their minds virtuous 
principles — for it is upon the virtue and integrity of the people 
that our Republican Institutions must depend for their support. 

It was, then, in view of the great importance attaching to this 
subject, that the framers of our Constitution have wisely pro- 
vided that "the legislature shall, as early as practicable, estab- 
lish free schools throughout the State, and shall furnish means 
for their support. ' ' The time has now arrived when we are em- 



Education in Texas 25'S 

phatically called upon to discharge this duty. We have the 
means in our power, and the voice of the people has come up 
here in one long, loud call, which cannot be mistaken ; I therefore 
hope that the fund will be set apart as provided in the bill. 1 



Monday, Jan. 9, 1854. 

The bill to establish a system of Common Schools, being under 
consideration, 

MR. FRANKLIN OFFERED AN AMENDMENT. 

He said — I move to amend the caption, in order that it may 
conform to the provision of the Constitution, that every law 
shall embrace but one object, and that shall be expressed in the 
title. Under the tenth article it is provided that the legislature 
shall, as early as practicable, establish free schools throughout 
the State. It is said by the friends of the bill, that its object 
is to establish a system of schools under the Constitution. If 
that is the object, there can be no objection to using the language 
of the Constitution. The title as it stands is — "ah act to estab- 
lish a system of common schools." The amendment will 
make it — "an act to establish a system of free schools 
throughout the State." I propose it, because there are 
two classes of schools and of public schools, known and recognized 
by the Constitution. The first section is general in its character, 
and according to my own view is intimately connected with the 
second section. But admitting that they are distinct and sub- 
stantive provisions — taking them in connection with the third 
section, it would seem that the framers of the Constitution had 
in contemplation two classes of schools — one of them comprising 
the colleges and academies in the various counties, to which the 
Republic of Texas, when in existence as a nation, had made dona- 
tions of land. But the class of free public schools is the only 
one which the constitution requires us to keep up and support. It 



l TrirWeelcly State Times, Austin, February 11, 1854. 



254 University of Texas Bulletin 

does not require the Legislature to provide the means to support 
every school that may be established in a county — every academy 
or college that may be chartered throughout the State. Then by 
this amendment I propose to limit our action upon this subject 
to the class of schools for which the constitution requires that 
the Legislature shall provide the means of support. 

Mr. FERRIS : I have but very few words to say in reply to 
the gentleman from Galveston. I would simply remark, that the 
reason why the caption of the bill reads, "a system of common 
schools," is because the object of the bill itself is to provide for 
the establishment of common schools, and not of free schools. — 
Hence, if you change the caption, as proposed, it will not define 
the character of the bill. Any member who has read the bill, 
knows that it does not contemplate the establishment of free 
schools. In the States of Massachusetts and Connecticut they 
have established free schools. In the State of New York, in 
Illinois, and most of the other States, following the example of 
New York, they have not established free schools, but, as they 
term them, common schools ; because they are not absolutely free 
schools, though they are such to some extent. 

The object is not to establish free schools here. We cannot at 
present adopt that system. That would require a school fund of 
four millions, perhaps of five. The gentleman who offers this 
amendment aims a blow at the whole bill ; and as he stated this 
morning that he is an enemy to common schools, I can see his 
object. 

(Here Mr. Ferris read some of the provisions of the bill, and 
proceeded:) 

It proposes that the interest of this money shall go to pay the 
salary of teachers, as far as the fund itself will justify. And 
the bill provides that the balance of such salary shall be paid up 
by the patrons of the schools, according to the number of chil- 
dren, and the time they are sent to school. It is in part a free 
school, and in part a school to be supported by individual con- 
tributions. 

The two sections before referred to in debate provide for the 
free education of the children of the poorer portion of the com- 
munity — of those who are not able to pay their share of the 
tuition fees. — Now, the difficulty raised here with regard to the 



Education in Texas 255 

peculiar phraseology of the constitution is obviated in this bill. 
And I consider it the great and particular merit of the bill be- 
fore the House, that the fund set apart and created by the con- 
stitution, of one-tenth of the annual revenue derived from taxa- 
tion, is applied alone to the free education of those whose pa- 
rents are unable to educate them ; and so far as that class of the 
community is concerned, we are establishing by this bill a system 
of free schools. The gentleman then cannot raise any constitu- 
tional objection to the bill, because the fund raised by the con- 
stitutional provision is to go to the free education of the children 
of those who are unable to pay their pro rata for the support 
of schools. 

We are unable to create an absolute free school system, with- 
out a resort to taxation. We here propose a system similar to 
that of New York and other States, where all children are al- 
lowed to be educated, and if a certain class among parents and 
guardians are unable to pay their pro rata, their children can be 
educated free of charge. 

I am in favor of the bill as it is, and I hope no more amend- 
ments will be presented to cloy its passage. What is the object of 
thus attempting to block the wheels of legislation, and consume 
the time of the House to no purpose ? We have no time to lose. 
Many of us will go home in a few days, whether the House ad- 
journs or not, and we have other important measures to act 
upon. I move to lay the amendment on the table. 

The amendment, with others afterwards proposed, was laid 
on the table. 

Mr. EUSHING offered some amendments, and spoke as fol- 
lows: 

Mr. Speaker : In offering these amendments, I would have the 
House understand that I do not do so to impede the passage of 
the bill, but to cure an obvious defect, which, in my humble 
judgment, will tend, in a great degree, to foil the object for 
which this bill is certainly intended. I offer this amendment as a 
friend to the measure, to understand which, I call the special 
attention of the House to the 12th section of the bill. I will 
read it first as it is, then as I propose to amend it. 

"Sec. 12. If any patron or patrons of the school are unable 
to pay their share of the salary as aforesaid, and the said trus- 



256 University of Texas Bulletin 

tees be satisfied of the fact, it shall be the duty of said trustees 
to make out a list of all such patrous in the district, together 
with the amount of money due from each for tuition, and forward 
the same, under their own proper signatures, to the Chief Justice 
of the county." 

I propose that it shall read thus : "It shall be the duty of the 
said trustees to take the number without the names of all such 
patrons as may be unable to pay, &c." Then, in the 13th sec- 
tion, I also ask to strike out ' ' lists, ' ' and insert ' ' number. ' ' 

I hope every gentleman will see the policy at once. The bill 
as it now stands will force every citizen in the district, who may 
unfortunately be unable to pay the excess, to have his or her 
name sent up to the Chief Justice, and from him to the State 
Treasurer, as paupers. 

Now, Mr. Speaker, I do think this feature will have a del- 
eterious effect upon the ends which this bill is intended to ac- 
complish. If I understand the intention of this bill, it is to 
assist the poorer class of society to educate their children — to 
afford the means of a common English education to all, and not 
to notify the public who are paupers. I should not like this. 
Men do not like to be handed round as being unable to pay a 
trifle; they would refuse to send to school where there was a 
probability of their being thus exposed. So the object of the 
bill, I say, would be in a great measure defeated. I hope gentle- 
men will consider this defect in the bill, and cure it by the 
adoption of the amendment proposed. 

The amendment was laid on the table, and the substitute was 
adopted. 

Mr. SIMS offered an amendment : — Strike out ' ' only, ' ' in the 
8th section, 4th line, and add, at the end of the section, "and 
such other teachers as parents or guardians may select with the 
State, the parents being entitled to their pro rata share for each 
child within the scholastic age. ' ' 

He said : In offering this amendment, in all probability I may 
be looked on as an enemy of the bill. In part that is true : I do 
not believe that this bill will work well, so far as regards a ma- 
jority of the people of this State. I offer that amendment to 
make the bill as good as possible before it passes, and I hope it 
may be made. The framers of this bill have spoken a good deal 



Education in Texas 257 

about free schools, and I want them to be free indeed. I wish 
that parents and guardians may have the right of sending their 
children to any school within the limits of our State ; whether it 
be a high school, a common school, or an old coi'n-field school; 
or term it as you please — to any school that may suit them, and 
at the same time, be permitted to draw their pro rata amlount of 
the money. And I would say, further, that a like amendment 
was offered to the bill in committee, and was only lost by a tie 
vote. I believe the amendment is a good one, and I hope it 
will be adopted. 

On motion of Mr. Hale, the amendment was laid on the table. 

Mr. STOUT offered an amendment: Strike out "two mil- 
lions," and insert "one million." 

He said : I am in earnest in offering that amendment. I 
think that sum amply sufficient; and I will here state, that I 
am not particularly opposed to the substitute which has been 
adopted ; but if we are going to set apart money for this purpose 
let us not defraud our creditors, but retain a sufficient amount 
to pay our debts. I think one million ought to satisfy the 
friends of this bill. By the meeting of the next Legislature, it 
will be known what is the precise amount we shall then owe; 
and if, after paying our creditors there should be a surplus, we 
can easily set aside half a million or a million more. 

(After some remarks inaudible to the reporter, he continued) : 

"We have already given away the State tax for the next two 
years. I am apprehensive that two years hence the State will 
be found without a dollar in the treasury, and then we shall 
have to go back and take up this school fund. 

I know that this scheme of free schools looks well in the eyes 
of the people, and that men make capital out of it; but, in 
the first place, we should pay our just and honest debts. And as 
it has been said, too, we wish to school and educate the children 
of the old pioneers of Texas. 

I say, let us pay what we owe to those men — to those who have 
stood by the country in her darkest hours, and given their time, 
their money, their property, all that they had, to secure her wel- 
fare; and then, if they are not able to educate their children, 
there will be time enough to set aside a fund for that purpose. 



258 University of Texas Bulletin 

I will go with gentlemen in passing the bill if they will put 
this fund down to a reasonable amount, and not leave the State 
in such a situation, that at the next session we shall have to take 
the money back. 1 



Friday, Jan. 13, 1854. 

The bill to establish free schools being before the House, the 
amendment offered by Mr. Palmer was read. 

Mr. PALMER said he knew of no successful school system 
which had been established without a superintendent. He con- 
tended that 1500 dollars a year could not be better appropriated 
than to pay the salary of such an officer, who should go about 
the State explaining the modus operandi, and putting the system 
in operation. The system must have a head, and the duties to 
be performed would keep one man busy all the time. This of- 
ficer ought to have a better salary than that proposed, but he 
thought it best at present to put it at the amount named. 

Mr. (Speaker) RUNNELS inquired where the money was 
to come from? 

Mr. PALMER explained. The superintendent was to be paid 
as the teachers were. 

Mr. FRANKLIN : I trust the amendment will be adopted. I 
may be in error in my conception of the bill, or at least that from 
which the greatest benefit is to be derived, in my opinion, is em- 
bodied in this amendment. It proposes to adopt a system, and 
we should adopt one that we shall not be compelled to throw up 
hereafter. This bill is merely an initiatory step towards estab- 
lishing a system of schools, and I believe that having a superin- 
tendent of common schools will have a tendency to form a sys- 
tem. — No system can be perfect in the beginning, but time will 
perfect it. 

Mr. (Speaker) RUNNELS looked upon the salary of this 
officer as unnecessary expense. He believed that the people 
would have to be taxed to support the system in any event ; and 



i The Tri-Weekly State Times, Austin, March 18, 1854. 



Education in Texas 259 

the amendment contemplated imposing dnties upon the super- 
intendent which could not be discharged by any individual. The 
thing was utterly impracticable. 

Mr. FIELDS: It will create uniformity. It will do it for 
one thing, in the use of books — a very important matter, in my 
opinion. I believe it has been customary in most of the older 
States, to create the office of Superintendent of Public Instruc- 
tion. I believe that such is the case in my native State of Ten- 
nessee, and I have not heard any objection to it. I think the 
adoption of the amendment will result in good; and that the 
small amount of fifteen hundred dollars, as proposed, will be well 
expended. 

Mr. TURNER, of Rusk, after some remarks indistinctly 
heard by the reporter, said : This amendment, it seems, is cal- 
culated to effect no common good. We find united in its sup- 
port, gentlemen who are opposed to the policy in toto, and those 
who claim, perhaps, to be the exclusive friends of the measure. I 
am in favor of the education of the people. I regard it as abso- 
lutely necessary for the perpetuation of the liberty we now enjoy. 
By the education of the rising generation, we prepare them to 
take the place of those by whose wisdom and energy this fair 
fabric of our government has been built up here. But sir, I am 
not in favor of fostering, under the sacred name of education, a 
principle entirely foreign to that subject. 

That amendment proposes to create an office and appoint an 
officer — to do what? To perform an impossibility. It proposes 
to create an officer under the name of a superintendent, and re- 
quire him to perform labors beyond the power of any human 
being to perform. There are something like one hundred coun- 
ties in Texas, which will probably average five schools to a 
county. That superintendent is required to embrace in his 
visitations a territory that is almost an empire, to see that uni- 
formity is carried out ; to select school-books for all the schools ; 
and to do a thousand other things, more than it is possible for 
any man to do. If he visits the cities, where society is well or- 
ganized, I do not know that his instructions will be of any very 
great importance then. If they are of importance anywhere, it is 
in the sparsely settled portions of the country. I think, however, 
that the education of the children who could be instructed for 



260 University of Texas Bulletin 

the same amount of money, would be of more importance than 
the peregrinations of a superintendent over the country. 

(After some remarks by Mr. Throckmorton) 

Mr. MOORE, of Polk, said a few words in reply, regarding 
his position upon the question, and proceeded ; I am opposed to 
this amendment. I am friendly to the adoption of a system of 
education and I believe there are few portions of the State of 
Texas, which are not desirous that some school system should 
be established at this session. 

The common-school system best known to us, is not so well 
understood and appreciated, nor has it been so successful where 
tried, throughout the South, as in the North. And why, sir? 
On account of the sparseness of the population. — Gentlemen 
tell us of the office of superintendent in the New York system. — 
True there may be such an office there; but how can you com- 
pare New York with Texas, when it is a question of adopting 
the details of a system suited to our wants and circumstances — 
the one with her population of millions, the other with her im- 
mense- area? Is there any probability that the system which 
would work well in the one State would work well in the other? 
I don 't like to hear gentlemen boasting about their antecedents ; 
but as mine have been humble, I may be excused for referring 
to them. I have had the honor, and I call it an honor, Mr. 
Speaker, of being a pedagogue, a teacher of schools. It has 
been my fortune to teach in four States in the Union, and that 
particular individual called a school superintendent I have never 
met. Such an individual might be found in the cities, but never 
traversing the State. Now, what great good can be effected by 
creating this office? If it will effect any good towards estab- 
lishing a school system, the gentleman is right and I am wrong. 
But I cannot see where it will have such a tendency. We have 
one hundred counties in the State. Now, I ask how often this 
superintendent can traverse these counties in the course of a 
year? You must subdivide them, sir, so as to suit the conven- 
ience of the people : and yet, how many counties in the State will 
be honored with his attention ? I think very few, sir. 

The best school system we can get is the simplest. 4 I do not 
allude to the district system as proposed in the bill, and I expect 



Education in Texas 261 

to offer an amendment to it — not as an opponent of the measure, 
for God forbid that I should raise my voice against that holy 
cause. 1 



REMARKS of MR. FERRIS, of Cass, against an amendment 

offered to the School Bill : 

Mr. Speaker — The amendment now offered by the gentleman 
from Galveston, proposing to change the 12th and 13th articles 
of the bill, is virtually the same as "the one offered on yesterday 
by the gentleman from Jackson. As the arguments used by 
these gentlemen have not been replied to, and as I perceive they 
are creating doubts in the minds of some of the friends of the 
bill, I propose to submit a few remarks. 

What is the object of this amendment? Is the gentleman 
really a friend to common schools ? Does he seek, by this amend- 
ment, to make the bill a better one? I think I can show, in a 
few words, that he is an enemy to the bill, and that if his amend- 
ment were adopted, the common school system, which we seek to 
establish, would be virtually defeated. 

It will be remembered that, by the provisions of the bill, each 
School District is required to pay the teacher its distributive 
share of the public fund. Each parent is then required to pay his 
pro rata of the balance due the teacher, according to the number 
of children and the time he has sent to the school. The 12th and 
13th sections provide that if there are persons who are unable 
to pay their share of such balance due the teacher, that amount 
shall be paid by the treasurer, out of the school fund derivable 
from taxation, and created by the Constitution. Now, this 
amendment proposes to strike out the provision requiring the 
patrons of the school to make up the deficiency to the teacher — 
to strike out the provision for. the free education of the poor, and 
leave public schools to be supported alone by the interest upon 
two millions of dollars, and the fund created by the Constitu- 
tion. It would operate upon the presumption that the interest 
upon the school fund would support absolute free schools 
throughout the State. — Would it do this? Is there any man 



"■The Tri-Weekly State Times, Austin, March 21, 1854. 



262 University of Texas Bulletin 

upon this floor who believes that the interest upon our entire 
school fund would do it ? No, sir ; and the gentleman from Gal- 
veston, himself, does not believe it. — He knows very well that if 
teachers are not paid, the school system must fail. We must, 
sir, beware of these propositions, which come before us in the 
guise of friendship, but really from the enemies of the measure. 

It has been gravely argued that this bill is unconstitutional, 
because it does not establish FREE SCHOOLS. It is true we 
do not propose to establish absolute free schools, from the fact 
that we have not a sufficient fund ; and, sir, if we should wait 
until such a fund should be raised by the provisions of the Con- 
stitution, this generation, and the next even, would never live to 
realize the benefits of the institution. I say this, because it is 
reasonable to anticipate an increase of population equal to an 
increase of the fund. But, sir, we do propose to place an ele- 
mentary education within the reach of every child in Texas. The 
system adopted in this bill is similar to that which has been long 
in successful operation in the State of New York. In that State 
the tuition due from indigent patrons is paid by direct taxation. 
Here we have a fund created by the Constitution, which happily 
meets the exigencies of the case, and which this bill proposes to 
appropriate alone to the free education- of the poor. How can 
the bill be unconstitutional, when the fund created by that in- 
strument is expended only for free education ? 

Why, sir, adopt this amendment, and you strike out the most 
meritorious part of the bill. The very object of establishing 
public schools, is to help those who can't help themselves — to aid 
those who cannot meet all the expenses of tuition. The rich 
need no aid; but it is the virtuous poor to whom the State 
should lend a helping hand. I look upon it, also, as a question of 
State policy. In a free, republican government, supported and 
often changed by the voice of her people, how necessary that all 
should be enlightened. Idleness and ignorance are the parents 
of crime. If the poor children who are growing up among us 
are not educated and imbued with right principles, in all prob- 
ability they will either become victims of crime and dissipation, 
or detain the courts of the country and fill our penitentiary. 
Would not our State be acting a wiser and better part to open 



Education in Texas 263 

to them our common schools, take them by the hand and point 
them to the temple of virtue and knowledge. 

Gentlemen say that "we create an odious distinction — no one 
likes to be called poor." Who, I ask, are designated as poor 
persons? They are not named in the bill — no person is obliged 
to avail himself of free tuition. It is merely proposed to give 
free education to those who ask it — who appreciate and justly 
claim the exemption. There are many widows and orphans who 
would hail this privilege as a boon and a blessing. I repeat it, 
sir, that this provision for the free education of the poor, is the 
most meritorious part of the bill ; and if we had no school fund 
to meet the case, I would favor direct taxation, to carry out the 
laudable undertaking. 1 

ADDRESS 

TO THE FRIENDS' OF EDUCATION THROUGHOUT THE STATE. 

At a mass meeting held at the city of Austin, January 23d, 
1854, the friends of learning took the initiatory step, and fur- 
nished an exponent of their sentiments, by the appointment of a 
Central Committee of Education. As the organ of the said com- 
mittee we would earnestly call upon all to unite with us in ascer- 
taining the educational wants of the State — in obtaining statis- 
tics of the various schools — to examine the Common School Bill 
with that degree of care that will enable you to propose those 
amendments which will supply any defects that may exist, and 
ultimately render the details of the bill perfect — to hold primary 
meetings in the different counties, and discuss the best measures 
to be pursued to raise the standard of Education — to devise the 
means of placing our institutions of learning in a position as 
elevated as those of our sister States, thereby superseding the 
necessity of sending our sons and daughters abroad, to complete 
their collegiate course — to patronize home, and not Northern 
Seminaries, affording encouragement to our teachers and saving 
our youth from the influence of principles at war with our in- 
stitutions and affecting our dearest rights — with one general and 



1 T 'rirWeekly State Times, Austin, February 2, 1854. 



26-1 University of Texas Bulletin 

united voice to ask our legislature to extend that liberal aid to 
our Academies and Colleges which will enable them to become 
the just pride of the State, and show to the world that we will 
not only be the Empire State in point of territory, but in the 
number and excellence of our institutions of learning. 

JOHN W. PHILLIPS, 

Chairnvan Central Com'ee. 
WILLIAM M. BAKER, 

Corresponding Secretary. 

B. J. SMITH, 
DANIEL BAKER, 
E. WALBRIDGE, 
L. C. CUNNINGHAM, 
ANDREW NEIL, 

Papers throughout the State please copy. 

Austin, February 3d, 1854. 1 

AN ACT 
TO ESTABLISH A SYSTEM OF COMMON SCHOOLS 

Section 1. Be it enacted by the Legislature of tlie State of 
Texas, That the sum of two millions of dollars of the five per 
cent, bonds of the United States, now remaining in the treasury 
of the State, be set apart as a school fund, for the support and 
maintenance of Public Schools, which shall be called the Special 
School Fund, and the interest arising therefrom shall be appor- 
tioned and distributed for the support of schools as herein pro- 
vided. 

Sec. 2. That the Chief Justice and County Commissioners 
shall constitute a board of School Commisssioners for each 
county, whose duty it shall be, during the year eighteen hun- 
dred and fifty- four, to form their respective counties -into 
school districts of convenient size, and number the same, so 
that each district in a county shall be known by its appropriate 
number. Provided, however, that in forming said districts the 
convenience of neighborhood shall be regarded as much as possi- 
ble, and each school district shall contain a sufficient number of 



^Tri-Weekly State Times, Austin, February 7, 1854. 



Education in Texas 265 

children for the maintenance of a school. They shall also at the 
same time, order an election by the qualified voters of each school 
district, for three trustees for each district, giving ten days' 
notice of such election by posting up advertisements of the same 
at one public place at least, in each district, stating fully the 
time and places of holding, and the object of said election. 
Sec. ?>. Tt shall be the duty of the Chief Justice to appoint a 
suitable person in each district to preside at the election in his 
district, who shall make his returns within ten days to the Chief 
Justice of the county, and the said election shall, in all other 
respects, be governed by the laws regulating elections. 
Sec. 4. The District Trustees so elected, shall select from their 
number a chairman, who shall, whenever it may be deemed 
necessary, call a meeting of the Trustees, and preside at their 
deliberations, and perform such other duties as may hereafter 
be assigned him. 

Sec. 5. That it shall be the duty of the Assessor and Collector 
of each county in the State, during the year eighteen hundred 
and fifty-four, and every year thereafter, to make out a list of 
all the free white population in his county between the ages of 
six and sixteen years, particularly designating the number of 
persons between such ages in each school district, and transmit 
the same, under his hand and official signature, to the County 
Clerk of the county, and a certified copy thereof to the Treasurer 
of the State, on or before the first day of July, in each and every 
year. 

Sec. 6. That it shall be the duty of the clerk of the County 
Court to file and preserve in his office the election returns and 
the list aforesaid furnished by the Assessor and Collector. It 
shall be the duty of the Treasurer of the State to ascertain, 
from the abstracts transmitted to him by the Assessor and Col- 
lector, the agregate population between the ages of six and six- 
teen years, and so much of the fund appropriated by this act as 
may be in the treasury shall be apportioned among the different 
counties in the State, according to the number of the population 
of scholastic age in each county, subject to the order of the 
County Courts, and payable to the respective County Treasur- 
ers, upon the order of such County Court, under the hand of 



266 University of Texas Bulletin 

the Chief Justice and the seal of the Court, or such amount may 
be placed to the credit of the Assessor and Collector of taxes of 
such county, upon the payment into the county treasury of his 
county the amount so apportioned to such county, and filing the 
receipt of the county treasurer, acknowledged by such treasurer 
before the clerk of the county court, and by the said clerk duly 
certified, under his hand and the seal of his court, with the 
Treasurer of the State. 

Sec. 7. That it shall be the duty of the District Trustees to fix 
the time and place for holding an election in their respective 
districts (for the location ©r selection of school houses within 
their respective districts) and to appoint a presiding officer. 
That the chairman of the board of trustees shall cause written 
notice of such election to be posted up for at least five days next 
preceeding the election, in three public places in each school dis- 
trict. That the returns of said election shall be made within 
five days to the chairman of said board, who shall examine the 
same in presence of his co-trustees; and a majority of the votes 
polled in a district shall be necessary to the permanent location 
of a school house; and no change of the location of a school 
house thus located shall be made, except by a majority of two- 
thirds of those voting in such election, taken after due notice 
as above provided. 

Sec. 8. That no money shall be drawn from the county Treas- 
ury for school purposes in any school district, until the people 
of such district shall have provided a good and substantial 
school house, with the necessary seats and other fixtures, and 
that the money appropriated by this act shall be applied only 
toward the payment of teachers for each school 
Sec. 9. That it shall be the duty of the school trustees for each 
district, as early as practicable after their election, by giving 
due notice, to call a meeting of all the patrons of the school in 
the district, and a majority of those present shall indicate to the 
trustees the length of time during the year they desire a school, 
the kind of teacher they want and the amount of salary they 
are willing to pay. It shall be the duty of said trustees to 
observe, as far as possible, such instructions, to employ teachers 
of suitable moral character and qualifications, to visit from time 
to time the district school or schools under their charge, to expel 



Education in Texas 267 

a pupil for misconduct, to examine all complaints between 
teacher and pupil of a serious character, to discharge a teacher 
^or incapacity or improper conduct, and generally to exercise 
supervision over the affairs of the school within their district. 
Sec. 10. That the teacher of each school shall be required to 
keep a roll or day-book, and at the close of his term of service, 
to furnish said school trustees with a tabular statement of the 
names of all the patrons and pupils of the school; the number 
of pupils sent by each patron, and the number of days attended 
by each pupil, which statement shall be supported by his affidavit, 
made before some officer authorized to administer oaths, that the 
same is true and correct. 

Sec. 11. That it shall be the duty of said trustees, upon receiv- 
ing the shares of the school fund to which their school district 
is entitled, to apply the same toward the payment of the teach- 
er's salary, and the remainder of said salary, if any, to appor- 
tion equally among the patrons of the school according to the 
number of pupils and the time sent by each to the school ; and 
if any such patron should neglect or refuse to pay his share of 
the salary as aforesaid, said trustees may institute suit against 
him or her for the amount of money due, and the tabular state- 
ment furnished them under oath, by the teacher, and mentioned 
in the preceding section of this act, shall be prima facie evidence 
of such indebtedness. 

Sec. 12. If any patron or patrons of the school are unable to 
pay their share of the salary apportioned as aforesaid, and the 
said trustees be satisfied of the fact, it shall be the duty of said 
trustees to make out a list of all such patrons in the district, 
together with the amount of money due from each for tuition, 
and forward the same under their own proper signatures to 
the Chief Justice of the county. 

Sec. 13. That the Chief Justice of each county shall annually 
furnish the Treasurer of the State with a statement under his 
hand and seal of the county, of the amount of money due for 
tuition from all such patrons as are exempt under the preceding 
section of this act in the county, according to the lists returned 
by the school trustees. And the Treasurer of the State is hereby 



268 University of Texas Bulletin 

authorized and required to pay said amounts of money due from 
the patrons so exempt, out of the school fund derivable from 
taxation and created by the constitution of the State, and he 
shall distribute the same in manner and form as provided in the 
6th section of this act. 

Sec. 14. That the county treasurer of each county shall give 
l)ond with two or more securities, payable to the county, in twice 
the amount of the school fund to which his county shall be en- 
titled, so soon as the Chief Justice shall be notified by the Treas- 
urer of the State, of the amount to which his county is entitled, 
which bond shall be conditioned that he will well and faithfully 
keep an account for the money to him committed as a school fund 
for his county, and pay out the same only upon the order of the 
Chief Justice of the county, under his hand and the seal of the 
county court. He shall also enter into a bound book to be kept by 
him for that purpose, all moneys received, all moneys paid out, 
and to whom and when paid, and register and number all orders 
by him paid or accepted to be paid, which book, together with 
said orders, shall be by him exhibited at his annual settlement 
with the county court. That after the year eighteen hundred and 
fifty-four, his said bond shall be renewed, between the first and 
tenth of September of each year ; that all suits upon such bonds 
shall be in the name of the county, and in other respects they 
shall be governed by the laws relating to the bonds of county 
treasurers. 

Sec. 15. That the trustees of each school district shall be elected 
annually after the year eighteen hundred and fifty-four, on 
the first Monday in September, in the manner herein provided; 
that they shall be a body corporate and politic, by the corporate 

name of the Trustees of Common School District No. , 

(filling the blank with the number of the district.,) and for the 
purposes for which they are created, may sue and be sued, hold 
and dispose of property, and do such acts and things as are 
incidental and necessary to the performance of their duties. 
See. 16. That the Treasurer of the State shall be ex-officio Su- 
perintendent of Common Schools in this State, and it shall be 
his duty, immediately after the first day of September in each 
and every year, to record the abstracts of children of lawful 



Education in Texas 269 

age in the different counties, and apportion the moneys as herein 
contemplated, distributing to the several counties the amount 
to which each is entitled, according to its scholastic population, 
ascertained in the manner herein prescribed, and also for the 
amount due for the tuition of children exempt from tuition 
fees; and it shall further be the duty of the Treasurer 
of the State to provide the necessary record books, to 
be by him kept exclusively for recording abstracts, as herein 
contemplated, and keeping a full and perfect account 
of all investments and moneys belonging, or in any way 
appertaining, to the Common School Fund of this State, and 
all apportionments and distributions of money by him made for 
common school purposes ; and he shall report to the Governor 
annually, on or before the 1st day of October, the condition of 
the common school fund, and also make to each regular session 
of the Legislature such suggestions in relation to the common 
school system as may be deemed advisable, that the fiscal 
scholastic year shall commence on the 1st day of September, and 
end on the first day of August in each and every year, from 
and after the 1st day of September next, 

Sec. 17. That it shall be the duty of the chairman of the board 
of trustees for each school district, to present, at least once a 
year, his application to the Chief Justice of his county for such 
amounts of said fund as his district may be entitled to receive, 
according to the number of children between the ages hereto- 
fore prescribed within his district, and also present his applica- 
tion to the Chief Justice annually for the amount of money due 
his district for the tuition of children exempt from tuition fees ; 
and the said Chief Justice, having duly informed himself that 
the same is correct, shall draw upon the county treasurer an 
order, under his hand and seal of the county court, for the 
amount or amounts so due and demanded. 

Sec. 18. That nothing in this act shall prevent the trustees of 
any school district, after being instructed by the majority of the 
patrons of schools in such district, from employing the teacher 
of a primary department in any college or academy, and con- 
verting such primary department into a common school for such 



270 University of Texas Bulletin 

district ; and that this act take effect from and after its passage. 
Approved January 31, 1854. 1 

CIRCULAR 

TREASURER'S OFFICE, AUSTIN, TEXAS, 
MARCH 1ST, 1854. 

To School Officers : 

The law passed by our last Legislature, entitled "an act to 
establish a system of schools," is the beginning point for a 
system of education for our State, the success of which mainly 
depends upon the prompt and strict performance of their duties 
by the officers who are named in the law to carry it into opera- 
tion. 

The 16th section of the law makes the State Treasurer es- 
officio Superintendent of Common Schools in this State; and, 
although not in words, yet impliedly, requires that he should 
take such steps as will facilitate the operation of the law. For 
this purpose I have caused a correct copy of the school law to 
be issued in this pamphlet, and following, make such suggestions 
as I think duty points out, and furnish such forms as in my 
opinion will aid officers in the administration of the law, and 
make their duties less difficult of performance. 

The first duty named in the law is directed to the Chief 
Justices and Cou\nty Commissioners, requiring of them to form 
their respective counties into school districts of conventient size, 
and numbering each district so as it shall be known by its appro- 
priate number. In order that the Assessors and Collectors may 
be enabled to perform the duties assigned to them by section 
5th of the law, it would be advisable that the districts be formed 
and numbered at as early a day as possible, otherwise a failure 
may occur in taking the census of the children in time for an 
apportionment of the school money for the present year. After 
the formation of districts, the establishment of schools depends 
almost entirely upon a faithful discharge of their duties by the 
Chief Justice and County Commissioners, in the ordering of 
elections for trustees, and the appointment of presiding officers 



x Laws of Texas; Fifth Legislature, 17-21; An Act to Establish a Sys- 
tem of Schools, Together icith Instructions and Forms for the Use of 
School Officers, 5-9. 



Education in Texas 271 

for each district ; and it is to be hoped they will appreciate the 
importance of prompt action in those matters. 

The 5th, section of the law makes it "the duty of the Asses- 
sor and Collector of each county in the State, during the year 
1854, and every year thereafter, to make out a list of all the 
free white population in his county between the ages of six and 
sixteen years, particularly designating the number of persons 
between such ages in each school district, and transmit the same 
under his hand and official signature to the county clerk of the 
county, and a certified copy thereof to the Treasurer of the 
State, on or before the 1st day of July in each and every year". 
For this duty, which will undoubtedly require much time and 
labor, no provision was made by the Legislature for remunerat- 
ing the Assessor and Collector, but I am satisfied that the next 
Legislature will make an appropriation to pay liberally for the 
service. It will be the pleasure as well as the duty of this 
office to call the attention of the Legislature to this subject, and 
in the meantime I hope that no Assessor and Collector will fail 
to perform willingly and faithfully the duty placed upon him. 
I appeal to those officers, and, in fact, to all who have duties 
assigned them under the School Law, to let no pecuniary con- 
siderations influence them, but with true patriotism, each and all, 
will be zealous in carrying into effect its several provisions, and 
it is to be hoped that all of its requirements will be complied 
with, as upon them depend the value and benefit of the system. 

The law, it is presumable, will be found imperfect in some 
respects — it may want in specification and detail — it may prove 
partial and unequal in its operations, and in order to get at its 
defects, if any, and have them remedied, I would respectfully 
request the Chief Justice of the several counties, in their annual 
statements to this office, to make full reports, with such sugges- 
tions and recommendations of alteration and addition, as in their 
opinion the system requires, to the end that this office in its re- 
ports to the Legislature, may make such suggestions as may be 
deemed advisable to remedy defects, as well as for a more ex- 



272 University of Texas Bulletin 

tended plan of operation, and the full development of our edu- 
cation resources. 

Very respectfully, 

Your obedient servant, 

JAS. II. RAYMOND, 
State Treasurer and Ex-officio Sup't 
Common Schools. 1 

FIRST REPORT OF THE EX-OFFICIO SUPERINTENDENT 

TREASURER'S OFFICE, 

AUSTIN, NOV. 10, 1854. 

To His Excellency, E. M. Pease, Governor of the State: 
Sir : — The "Act to establish a system of Common Schools," makes 
it the duty of the Treasurer of the State to "report to the Gov- 
ernor annually, on or before the first day of October*, the condi- 
tion of the Common School fund." This duty, on my part, has 
been delayed this year, owing to the failure of a large number 
of Assessors and Collectors in making their returns to this office, 
on or before the first day of July, as they were required to do 
by law, of the census of the scholastic population of their re- 
spective counties. In fact when the time arrived under the law, 
the first of September last, for the first distribution of the 
money, but about one half of the Assessors and Collectors 
had complied with the requirements of the law. Deeming it 
impracticable to make a distribution, under such circumstances, 
I, on the first day of September, sent a circular letter to the 
Chief Justices of all the counties to the effect that owing to the 
facts above stated, the distribution of the School money would 
be delayed until the first of this month, and urging the Chief 
Justices of those counties from which no returns had been made 
to adopt some course that would ensure the returns here by the 
1st inst. Notwithstanding this long delay, there are still eleven 
counties from which no returns have been received, and the 
scholastic population of which I have been compelled to estimate 
in order to make such a distribution now as the law seems to 
require. The basis adopted for estimating the counties not re- 



1 An Act to Establish a System of Schools Approved January 31, 185Jf, 
Together toith Instructions and Forms for the use of School Officers, 
3-4. 



Education in Texas 273 

turned, was taking the poll taxes of such counties and compar- 
ing them with some adjoining county, or some county, the situa- 
tion of which was considered as parallel in increase of popula- 
tion. 

The amount of the Special School Fund in the Treasury for 
distribution, up to the 1st day of September, 1854, is $41,666 67. 
This amount is the interest upon the $2,000,000 U. States Bonds, 
set aside for a permanent fund, from the 31st day of January, 
1854, (the date of the approval of the ' ' act to establish a system 
of Schools") to the first day of July, 1854; one of the dates the 
semi-annual coupons upon the Bonds, are due and payable. 

The sum of $40,587 06 is taken for distribution, reserving in 
the Treasury $1,079 61 for the payment of contingent expenses, 
incident to the law, and to correct and supply deficiencies, if 
any, in the counties where the No. of children (for want of re- 
turns) have been estimated. Any balance not required to meet 
expenses, or to make up deficiencies, will be transferred to the 
Special School Fund for 1855, as also, any amount that may be 
retained from counties where the estimate proves to be above the 
returns, when received. 

The amounts set aside for counties where the Assessors and 
Collectors have failed to return the No. of scholastic population, 
will be reserved and held in this office, until the returns are 
made, at which time the estimated amounts will be substituted 
by the amount found due, upon the returns, which will then be 
paid in accordance with the provisions of the law. 

As a part of this report, I transmit to your Excellency, ac- 
companying this, an abstract statement, showing the number of 
children in each county, as per returns and estimates, and also 
the amount due each county, under the pro-rata distribution pro- 
vided for by the Common School law. 

I have the honor to be, 

Very respectfully, your ob't ser't. 

JAS. H. RAYMOND, 
Treasurer and ex officio Sup. of C. S. 



274 



University of Texas Bulletin 



STATEMENT OF THE DISTRIBUTION OF THE "SPECIAL SCHOOL 
FUND" FOR THE YEAR ENDING 1ST SEPT. 1854. 





. No. of 


No. of 








County 


children 


children 


Amount 


Eemarks 




returned estimated 


due 






Anderson, 


984 


$ 


610 08 




Angelina, 


352 




218 


24 




Austin, 


722 




447 


64 




Bastrop, 


878 




544 


36 




Bell, 


689 




427 


18 




Bosque, 




190 


117 


80 


ass't not rec'd 


Bexar, 


1,449 




898 


38 


not rec'd 


Bowie, 


498 




308 


76 


ass'ed to 


Brazoria, 


361 




223 


82 


be same 


Brazos, 


231 




143 


22 


as Corry- 


Burleson 


517 




320 


54 


ell. 


Burnet, 


337 




208 


94 




Caldwell, 


574 




355 


88 




Calhoun, 


319 




197 


78 




Cameron, 


'945 




585 


90 




Cass, 




1,165 


722 


30 


Poll tax 


Cherokee, 


2,400 




1,488 


00 


677, ra- 


Collin 


1,342 




832 


04 


ted by 


Colorado, 


524 




324 


88 


Harrison 


Comal, 


633 




392 


46 


co'y. 


Cooke, 


396 




245 


52 




Corryell, 


190 


• 


117 


80 




Dallas, 


1,219 




755 


78 




Denton, 


472 




292 


64 




De Witt, 


432 




267 


84 




Ellis, 


504 




312 


48 




El Paso, 


610 




378 


20 




Falls, 


288 




178 


56 




Fannin, 




1,285 


796 


70 


PT 677 rated by 
Lamar 


Fayette, 




1,237 


766 


94 


PT 758 rated by 
Bastrop Co. 



Education in Texas 



275 





No. of 


No. of 








County 


children 


children 


Amount 


Remarks 




returned estimated 


due 






Fort Bend, 


# 


307 


190 


34 


PT 227 rated by 
Brazoria. 


Freestone, 


634 




393 


08 




Galveston, 


477 




295 


74 




Gillespie, 


417 




258 


54 




Goliad, 


291 




1,800 42 




Gonzales, 


856 




530 


72 




Grayson, 


1,453 




900 


86 




Grimes, 


754 




467 


00 




Guadalupe, 


711 




440 


82 




Harris, 




1,250 


775 


00 


Est, by A 


Harrison, 


1,268 




786 


16 


&C as per 


Hays, 


206 




127 


72 


letter 


Henderson, 


545 




337 


90 




Hidalgo, 




312 


193 


44 


Poll tax 


Hill, 


279 




172 


98 


250, rated 


Hopkins, 


1,162 




720 


44 


by Cameron 


Houston, 


796 




493 


52 


co'y. 


Hunt, 


933 




578 


46 




Jackson, 


278 




172 


36 




Jasper, 


571 




354 02 




Jefferson, 


299 




185 


38 




Johnson, 


249 




154 


38 




Karnes, 


168 




304 


16 




Kaufman, 


521 




223 


02 




Kinney, 










Not organized. 


Lamar, 


1,016 




629 


92 




Lavaca, 


664 




411 


68 




Leon, 


544 




337 


28 




Liberty, 


456 




282 


72 




Limestone, 


573 




355 


26 




M'Clellan, 


336 




208 


32 




Madison, 


289 




179 


18 




Matagorda, 


290 




179 


80 




Medina, 


204 




126 


48 





276 



University of Texas Bulletin 





No. of 


No. of 








County 


children 


children 


Amount 


Remarks 




returned estimated 


due 






Milam, 


333 




206 


46 




Montgomery, 


381 




236 


22 




Nacogdoches, 


1,261 




781 


82 




Navarro, 


830 . 




514 


60 




Newton, 


485 




300 


70 




Nueces, 


466 




288 


92 




Orange, 


203 




125 


86 




Panola, 


1,057 




655 


34 




Polk, 


480 




297 


60 




Presidio, 










Not organized. 


Red River, 


782 




484 


84 




Refugio, 


211 




130 


82 




Robertson, 


392 




243 04 




Rusk, 




3,865 


2,396 


30 


Poll tax 1,496, 


Sabine, 


423 




262 


26 


rated by 


San Augustine, 


622 




385 


64 


Cherokee 


San Patricio, 




211 


130 


82 


ass't rolls 
not received 


Shelby, 


834 




517 


08 


Same as 


Smith, 


1,765 




1,094 


30 


Refugio. 


Starr, 




509 


315 


58 


280 poll tax, 


Tarrant, 


582 




360 


84 


rated by 


Titus, 


1,031 




639 


22 


Nueces 


Travis, 


856 




530 


72 


county. 


Trinity, 


218 




135 


16 




Tyler, 


641 




397 


42 




Upshur, 


1,271 




788 


02 




Uvalde, 










Not organized. 


Van Zandt, 


565 




350 


30 




Victoria, 


461 




285 


82 




Walker, 


776 




481 


12 




Washington, 


1,310 




812 20 


„ 


Webb, 




247 


153 


14 


Poll tax 


Wharton, 


127 




78 


74 


136, rated by 



County 

Williamson, 
Wood, 



Education in Texas 

No. of No. of 

children children Amount 

returned estimated due 

845 523 90 Nueces 

571 354 02 county 



54,885 10,578 40,587 06 



10,578 



277 



Remarks 



Total Children, 65,463—40,587 06 ; 62 cents per child. 1 
RESULTS FROM THE COMMON SCHOOL LAW OF 1854 AND 1855 



The Treasurer, who is made ex-officio Superintendent of 
Common Schools, reports Nov. 10th, 1854, the number of 
counties from which returns have been received of the num- 
ber of children in each. Out of the 100 counties in the State 
at that time, eleven had failed to make any returns up to that 
date. But the Treasurer made estimates for the children in 
these 11 counties, showing that the whole number of children 
of scholastic age, was 65,463 in the whole State. The total 
amount of the Common School fund for distribution was only 
$40,587.06, after deducing for expenses, and this gave but 62 
cents for each scholar for the year. The counties that did 
not establish schools under the law did not therefore 
receive their pro rata share of the money, are still en- 
titled to receive their money, which is retained in the Treasury 
for them. Galveston county reported '477 children, and was 
entitled to $295 74. Cherokee reported the largest number of 
all the counties, namely : 2400 children. The amount paid to 
counties was $26,742 14, and the amount subject to be called 
for by other counties was $13,921 30. 

The Treasurer in his next report, dated Oct. 1st, 1855, gives 
the Schools Fund for that year, namely : the interest on $2,000,- 
000 U. S. bonds for one year, or $100,000, and the amount 
transferred from School Fund of previous year, or $607 91, 

^Texas State Gazette, November 18, 1854. 



278 University of Texas Bulletin 

making in all $100,607 91. Only 74 counties had made returns, 
and in these there had been an increase in the number of 
children to the amount of 5 per cent, and by adding 5 per cent, 
to the number of the previous year, the Treasurer obtained an 
estimate of the children in the counties not returned. The 
total number of children in the counties by returns and by 
estimate, for 1855, was 66.150, between whom $100,607 91 being 
divided, gives $1.50 to each child. Galveston county is esti- 
mated to have 505 children for the year 1855, and was entitled 
to $757.50 as her share of the School Fund. Cherokee again 
returned the largest number of children of any county in the 
State, the number being 2403. This law being thus found on 
trial, not to answer the end proposed, another law was passed at 
the last adjourned Session. 1 

STATE SUPERINTENDENT RECOMMENDED BY 
EX-OFFICIO SUPERINTENDENT 

First of all, I recommend that there be created the office of 
public school superintendent, with corresponding salary and 
ascribed duties, among which would be the visiting of the va- 
rious counties, speaking publicly on education at opportune 
times, the formulation of policies, and the instruction of the 
employees in their duties. To such an officer would be intrusted 
the general administration of the school system, together with the 
necessary power to insure its success. 

"Without a public official of this kind, there are no means of 
introducing into our schools the improvements of the century in 
the art of instruction and education of the children, and it must 
be confessed that in the science of directing the institutions of 
elementary instruction, we do not possess the necessary knowl- 
edge — we are inexperienced and very much behind the times. 

It might be thought that this recommendation is made in 
order to remove from this office the task that is required of it at 
present : such is not the case : it is made solely from the convic- 
tion, that the office of school superintendent cannot properly be 
discharged by a person whose official duties, as the chief execu- 



l Texas Almanac, 1857, 140. 



Education in Texas 279 

tive of the government, necessarily occupy the greater part of 
his time. 

Education is undoubtedly of sufficient importance to justify 
the employment of a competent person whose entire time and 
attention might be devoted to promoting its interests in our 
state. 1 



MESSAGE OF GOV. E. M. PEASE 

November 5, 1855 

Gentlemen of the Senate 

and of the House of Representatives. 

Your attention is invited to the annual report of the State 
Treasurer as Ex-officio Superintendent of Common Schools, for 
the years 1854 and 1855, which are transmitted herewith. 

It will be seen from these reports, that very few of the 
county officers, to whom duties are prescribed under the School 
Law, have performed them in accordance with its provisions. 
This neglect of these officers has rendered it impossible for the 
Treasurer to perform his duties under the law, at the time and 
in the manner required. He has, however, with my concur- 
rence, prevented an entire failure of the law, by coming as 
near a compliance with its provisions as was possible, under 
the circumstances. 

The number of children in the State between the ages of 
six and sixteen years, as ascertained by the reports of the 
assessors and collectors who have made returns for the year 
1885, and by the estimate of the Treasurer for those counties 
that have failed to make returns, is 66,150 ; and the annual 
distributions of the fund gives for each scholar one dollar and 
fifty cents. 

The School Law has proved to be defective in its details and 
entirely unsuited to our condition. I was not satisfied with 



^Relation del Tesorero del Estado de Tejas, Superintendente de Oficio 
de las Escuelas PubTicas, November 1855, 23-24. Translated by Jeferson 
Rea Spell. 



280 University of Texas Bulletin 

it when it passed, but gave it ray approval because it created 
a liberal fund, and attempted to do something towards the 
establishment of schools. 

These reports show that but few of the counties have or- 
ganized and established schools as required by this law; in 
most of them the population is sparsely scattered over a great 
extent of territory, which cannot be divided into districts con- 
taining a sufficient number of children for the maintainance 
of a school, without making the districts so large, that the 
school must necessarily be at an inconvenient distance from a 
large portion of the scholars ; this, without doubt, has prevented 
and will continue to prevent, the execution of a law like the 
present until our population becomes more dense. 

We should not be deterred by the failure of this attempt. — 
Let us amend the present law by imposing heavy penalties 
upon those assessors and collectors who fail to make a return 
of the number of scholars in their county within the time pre- 
scribed, and in lieu of that part of the present law which re- 
quires a division of the counties into districts, let us declare 
all schools that may be kept in the State public schools, and 
allow the fund distributed to each county, to be distributed 
under the orders of the county court, to such teachers as the 
parents and guardians of the children may choose to employ 
for their education. 

This plan, I am satisfied, is better adapted to our present 
situation than any other which can be devised, and I believe 
it will be much more acceptable to the people than that pro- 
vided for by the present law. 

As our situation changes, some other system more suited to 
our wants will no doubt suggest itself and can then be adopted. 

A reference to these reports will show that there is now in 
our Treasury about one hundred and twenty-four thousand 
dollars, which has accumulated from the one-tenth of the an- 
nual revenue set apart by the constitution for the support of 
schools, fifty three thousand of which has already been invested 
in United States five per cent bonds. I recommend that the 
residue be also invested in like manner, that the whole be added 
to the two million school fund, and that hereafter this tenth, 



Education in Texas 281 

together with the income of that fund, be annually distributed 
as directed by the school law. 

By this means, the annual amount applied by the State, for 
the support of schools will be about one hundred and twenty 
thousand dollars, which will be gradually increasing as our 
revenue from taxation increases. 

The school fund may be greatly increased by a judicious use 
of the four leagues of land that have heretofore been granted 
to each county of the State for public schools. 

It is questionable whether these lands will ever accomplish 
much good, if they are allowed to remain in the possession of 
the counties, for it appears from information furnished by 
the commissioner of the General Land Office, that but 945,181 
acres, of the 1,753,488, to which the ninety-nine counties -of the 
State are entitled, have yet been selected. Forty one counties 
only have selected their full amount, twenty have selected 227,989 
acres of the 354,240, to which they are entitled, and thirty 
eight have made no selections, so that 799,307 acres yet remain 
to be selected. Nineteen of the counties which have made no 
selections were organized in 1846 or previous to that time, six 
were organized in 1848 and thirteen were organized at dif- 
ferent periods between the years 1849 and 1854. 

It is reasonable to expect that those who have neglected, 
for so long a period, to avail themselves of these liberal grants 
of land, will not hereafter manage them with that care and 
attention that will be required to realize their full value. 

It is unfortunate that these lands were not, at first, set apart 
to be managed by the State itself, as a general fund for the 
common benefit of all counties, for they would have been se- 
lected long since, in sections of the State where their value 
would have greatly increased by the settlements since made. 

They would, without doubt, be much better managed by the 
State than by the counties, for they could be placed under the 
control of a single officer, whose special duty it would be to 
superintend them, attend to their survey and sale, whenever it 
might be deemed advisable to bring them into market and in- 
vest their proceeds, instead of being under the management 
of the officers of ninety-nine different counties, who are too 



282 University of Texas Bulletin 

remote from the lands and too much occupied with other offi- 
cial duties to give much attention to them. 

It will be found that those States of the Union, which have 
retained the lands granted to them by the general government 
for schools and made them a general fund for the whole State 
have realized far more benefit from them than those who have 
left them to the control of the different townships in which 
they are situated. 

I suggest for your consideration, whether it would not be 
well to propose an amendment to our Constitution, declaring 
that all of these grants shall be vested in the State to be 
administered as a common fund for the benefit of all the 
counties, and sold from time to time, under the direction of the 
legislature, at not less than a minimum price, after they shall 
have been subdivided into small tracts; the proceeds of such 
sales to be added to the present school fund, and the income 
thereof to be applied in the same manner as the income of the 
present fund. 

If this disposition were made of them, they would, in a few 
years, add at least three millions of dollars to our present 
school fund. 

Should these suggestions not be acceptable to you, then I 
recommend an amendment to the Constitution similar to that 
proposed to the last legislature, which was, that the counties 
should be authorized to sell these lands at not less than a 
minimum price, the proceeds of each sale to be kept as a fund, 
and the income applied to the support of schools. 

By the adoption of either of these amendments, these lands 
would soon be made available, while under the present pro- 
visions of the constitution, which only authorize them to be leased 
for a term not exceeding twenty years, they are entirely useless 
for the purpose which they were granted, because in a country 
where land is so cheap as it is here, unimproved lands cannot be 
leased for so short a period, so as to produce any revenue. 

I invite your attention to the importance of establishing a 
State University, which shall afford to our youth all those op- 
portunities for obtaining a liberal education, that are to be 
found in any part of the Union. 



Education in Texas 283 

We cannot appreciate too highly the advantages of educating 
our children within the reach of parental authority, where they 
can daily witness the practical operation of our government, 
its institutions and laws, and become familiar with the habits 
and sympathies of the people with whom they are destined to 
associate in after life. 

To secure these advantages is worthy of an effort on the 
part of the State, and I recommend that the sum of three 
hundred thousand dollars of the United States bonds, now in 
our Treasury, be appropriated as a permanent fund, to be in- 
creased by the proceeds of the gradual sale of the University 
lands, at not less than a minimum price, after they shall have 
been subdivided into small tracts, and that the income of this 
fund be applied to the erection and support of such an institu- 
tion. 

This will enable us in a few years to erect the necessary 
buildings, employ professors in every branch of literature' and 
science, and place the institution on a sure basis for future 
prosperity and usefulness. 

While upon this subject, it is proper I should inform you that 
a portion of the University lands have not yet been selected, 
and I suggest that a sufficient appropriation of money be made 
to pay the expenses of selecting and surveying them. 

I also call your attention to the necessity of establishing an 
Asylum for Lunatics. If we had such an institution in our 
midst, where those who are afflicted with insanity could be 
promptly placed under the care of persons skilled in its causes 
and treatment, a large portion of those unfortunate persons 
might be restored to reason, and the condition of all greatly 
alleviated. 

We also need an institution for the education of the deaf, 
dumb and blind, where these unfortunate classes may be 
taught their duties and responsibilities as citizens, and made 
useful members of society. 

Institutions of this ■ character are necessary in every com- 
munity, but they cannot be founded and supported without the 
care and patronage of the State. 

I therefore recommend that two hundred and fifty thousand 



284 University of Texas Bulletin 

dollars of the United States bonds, now in our Treasury, be 
appropriated as a permanent fund for an institution for the 
education of the deaf and dumb and blind, and that provision 
be made for the erection of these institutions as soon as the 
income of these funds will permit. 

If we would create and encourage among our citizens a spirit 
of independence and attachment for their own State, we ought 
to furnish them at home with all those facilities for improving 
and ameliorating their mental, social and physical condition, 
which are to be found in other parts of the world. "We now 
have the means of doing this without imposing any enormous 
burden upon our citizens, and if we neglect to avail ourselves 
of this opportunity, we shall be justly charged with being un- 
mindful of the high duties and responsibilities that rest upon 
us. 1 

AN ACT MAKING APPROPRIATIONS FOR THE USE AND SUPPORT 
OF THE STATE GOVERNMENT FOR THE YEARS 

1856 AND 1857. 

PENITENTIARY. 

Section 3. That one-tenth of the annual revenue of the 
State arising from direct taxation, is hereby appropriated, and 
set apart for educational purposes. 

Approved 4th of February, 1856. 2 

HOUSE DOCUMENT.— INTERNAL IMPROVEMENT COMMITTEE 

REPORT ON BILL FOR THE INVESTMENT OF THE 

SPECIAL SCHOOL FUND IN THE BONDS OF 

RAILROAD COMPANIES, 1856. 

COMMITTEE ROOM, 

JANUARY 16th, 1856. 

Hon. H. P. Bee, Speaker of the House of Representatives. 

The Committee on Internal Improvements, to whom was re- 
ferred a Senate Bill to provide for the investment of the Special 



^Reports of the State Treasurer of the State of Texas 1855, 9-16; 
Message of the. Governor of the State of Texas, to the Sixth Legisloj- 
ture, 1855, 8-13. 

2 Gammel's Laws of Texas, Vol. 4, (241); General Laws of the Sixth 
Legislature of the State of Texas, November 5, 1855, 61; 



Education in Texas 285 

School Fund in the Bonds of Railroad Companies, incorporated 
by the State, have maturely considered the same. In con- 
nection with this subject, your committee have had under con- 
sideration, several other projects which were offered with the 
view of promoting both the great objects of Internal Im- 
provement and Education. The Majority of your Committee 
have constantly kept in view the necessity and propriety of 
making both these questions of such vital importance to the 
people, go hand in hand as a support to each other, believing 
that such a measure can be established and carried out, as will 
prove eminently a wise and judicious system of State policy. 

The bill referred to your Committee seeks to provide a per- 
manent and profitable investment of the Special Fund, and, 
at the same time, afford such incidental aid to our corporate 
system of Railroads as the present limited amount of the fund 
will permit, and to form a unison of interests between the 
two great branches of modern progress — Education and In- 
ternal Improvements, which, if steadily adhered to, must, in 
the opinion of the Committee, result in producing all the ad- 
vantages the friends of both so ardently desire. The aug- 
mentation of our School Fund, will, under the combination of 
interests, cause a rapid and well directed extension of our 
Railroads, in all parts of the State where such improvements 
are required, while they will afford the safest and most 
profitable investment of the fund. It would be superfluous at 
this time, to enter into an argument in favor of a liberal, wise 
and efficient system of education. Its importance is admitted 
by all. It is, therefore, only necessary to consider the best 
mode of raising and presenting the means to establish, extend 
and perpetuate it. The fund which is at present available, for 
that purpose, is $2,000,000, producing an income, at five per 
cent, per annum, of $100,000. 

The bill proposes to loan this sum to Railroad companies at 
six per cent, per annum, secured by a first mortgage and lien 
on their roads, together with the cars, engines, depots, &c, &c. 
The fund thus invested will produce an income of one hundred 
and twenty thousand dollars annually, for the proposed term 
of the loan — ten vears — including interest accruing on the in- 



286 University of Texas Bulletin 

terest annually, the sum of about two hundred and fifty 
thousand dollars, more than the fund will produce as at present 
invested. 

Therefore, for the five years this fund has remained 
idle in the Treasury, it might not only have been made to 
produce one hundred and twenty-five thousand dollars more 
than it now amounts to, but to set in motion our system of 
Railroads, and to have given them such an impetus, that at 
this time they would be extending from our Eastern and Gulf 
borders far toward the interior 

If we suppose the State may realize from the sale of lands 
thirty millions of dollars, in the course of thirty years, this 
sum loaned to Railroad companies at six thousand dollars for 
every mile of road completed, would encourage and aid in the 
construction of five thousand miles of railroad, and produce 
an income of one million eight hundred dollars per annum, to 
be directly applied to the education of the children of the 
State. 

The above estimate of resources, moderate amount of sales, 
and length of time given, it will be conceded by every reflecting 
mind, are amply sufficient to show that Texas may adopt the 
most liberal policy in promoting the settlement and sale of 
her lands, and yet realize a fund for Education and Internal 
Improvement purposes which will place her far ahead of any 
of her sisters of the Union. While the proposed policy 
promises such surprising results and vast advantages, it avoids 
what every statesman ought always to avoid as far as circum- 
stances permit the possibility of levying a tax on the people, or 
industry of the country, either for Education or Internal Im- 
provements. 

This policy is treated so ably in the Senate's "Committee 
on Education", that your Committee adopt and incorporate it 
in part in this report, and coming as it does from a Committee 
especially charged with the guardianship of the School Fund, 
it deserves, and doubtless will receive, the most careful con- 
sideration. 



Education in Texas 287 

The report says: "Texas is unable yet to establish such a 
School Fund as the necessities of her citizens require, and at 
the same time meet public expectation in giving assistance to 
Railroads. But she may use her present means on hand to 
great advantage, both for the benefit of schools and Railroads, 
by pursuing the policy prescribed in the bill presented. 

The sum of two millions of dollars has already been set aside as 
a School Fund, but no friend of Education, it is presumed, 
would advise that this Fund should itself be appropriated and 
expended for the support of Schools. Such a policy would 
very soon exhaust the principal, and have nothing to operate 
upon. But if the principal is invested or placed at interest, 
the Fund becomes a permanent one, yielding annually a support 
for such system of Schools as may be adopted. And it is be- 
lieved that no permanent School System can ever be established 
without such a course ; for the moment that you commence 
using from the principal it must gradually diminish until com- 
pletely exhausted. Every State in the Union which has any 
permanent School Fund, has the principal invested in Bank 
Stock, Deposits, Loans on Lands, Bonds, or in some other 
manner, so as to yield an annual interest. 

"The Committee is well satisfied that Texas can pursue no 
better course with her Education Fund, than to invest it in 
the Bonds of her own Railroad Companies, in the manner 
provided by the proposed bill. It is believed that the invest- 
ment will be safe, and at the same time highly beneficial to 
the best interests of the State. 

"The amount proposed to be loaned is less than one third 
of the usual cost of the cheapest Southern Road, and less 
than the actual cost of the iron upon the Road, and is secured 
by the first and preference lien on the entire Road, and all 
the property of the same. 

"But it may be contended that as this Fund is already in- 
vested in United States Bonds, it ought not to be otherwise 
invested. In answer to which, it must be recollected that the 
time is rapidly passing to which these Bonds are limited, and 
in a few years we shall be compelled to seek some other in- 



288 University of Texas Bulletin 

vestment, or to keep the money as dead capital, without any 
income whatever for the support of Schools. But were such 
not the case, the Committee can see no plausible reason why 
Texas should hold the bonds of the United States Government, 
bearing only five per cent, interest, so as to develop her own 

resources and advance her own prosperity 

Every State in the Union which is now enjoying the benefits of 
a general system of Railroads, has secured them only by 
granting State aid in the most liberal manner. While Texas 
is not able to make an immediate appropriation sufficient for 
building her Railroads, and at the same time support her 
Schools by separate and distinct Funds, it is earnestly believed 
that by a judicious management of her School Fund, she may 
greatly benefit Roads, and also support her Schools. And if 
it shall be found that this policy will operate well it is believed 
that the friends of Education and Internal Improvements will 
be induced to do all in their power to increase the present 
Fund to a much larger amount, by adding to the same all 
surplus means which Texas may from time to time have subject 
to appropriation, until the Fund can thus be made large enough 
to yield a sufficient interest to support a School System of the 
most liberal character. 

"And thus would Texas encourage the construction of Rail- 
roads within her limits, by the investment of her School Fund, 
and at the same time have the proud satisfaction of seeing 
her Schools supported and upheld by an annual and certain 
income from her Roads ; and thus would the causes of Educa- 
tion and Internal Improvements become handmaids in ad- 
vancing the prosperity and greatness of the State." 

Therefore, moved by the foregoing considerations, and believ- 
ing that a loan of the school fund, with the guards incorporated 
in the bill, will be a safe investment, and that it will greatly 
aid and encourage our own citizens to engage and persevere in 
works of Internal Improvements in our own State, your Com- 
mittee have instructed me to report the bill back to the House, 



Education in Texas 289 

with the accompanying amendments, and most earnestly recom- 
mend its passage. 

J. W. Throckmorton, Chairman. 1 

STATE SUPERINTENDENT ADVOCATED 

REPRESENTATIVE SMITH 



Mr. Smith of Harris, by leave of the House said — I am not 
in the habit of explaining my position at this stage of a bill. 
But I must beg the indulgence of the House on this occasion for 
a very short time — not four minutes by the clock — while I give 
the reasons why I shall vote for this bill, although it comes very 
far short of being what I should have preferred. 

I do not believe that any school act, any law for the establish- 
ment of common schools, will ever be carried into efficient oper- 
ation in this State until we shall have, under some .name or 
other, a superintendent of common schools, whose duty it shall 
be to visit every district in the State, to collect statistics, find 
where the law shall fail to act well, and submit his report to 
the Legislature. 

I have not pressed that subject upon the House, because I 
have been satisfied that the House would not adopt such a pro- 
vision. Still I wish to make a matter of record of my opinion 
upon that subject. 2 



AN ACT 
PROVIDING FOR THE SUPPORT OF SCHOOLS 

Section 1. Be it enacted by the Legislature of the State of 
Texas, That the Treasurer of the State be authorized and re- 
quired to transfer to the General or State account, the specie 
now in the Treasury, to the credit of the General School Fund 



Journal of the House, Sixth Legislature, 401-412. 
2 State Gazette Appendix, August 26, 1S56, 229. 



290 University of Texas Bulletin 

account, and replace the same from the one million five hundred 
and seventy-five thousand dollars, United States Bonds, now 
standing to the credit of the State account ; and it is hereby 
made the duty of the Treasurer, annually on the first day of 
July, in each year, to transfer the specie then standing to the 
credit of the School Fund, received from one tenth taxes to 
State account, and replace the same with United States bonds 
from the State account, unless otherwise provided by law ; 
that the Special School Fund of two million dollars, created 
by "An act to establish a system of schools", passed January 
31, 1854, and that the General School fund, derivable from one- 
tenth taxes, be, and at the same time are blended and made 
one, and the interest arising from the United States Bonds, 
constituting said fund, and the interest arising from all monies 
set aside for school purposes, be, and the same is hereby ap- 
propriated to the respective counties, for the use and benefit 
of the children of said counties, between the age of six and 
eighteen years, as herein provided. 

Sec. 2. • It shall be the duty of the Assessor and Collector 
of each county in the State, during each and every year here- 
after, to make out a list of all the free white population in his 
county, between the ages of six and eighteen years, and transmit 
the same under his official signature to the County Clerk of the 
county, and a certified copy to the Treasurer of the State, on 
or before the first day of July in each and every year. 

Sec. 3. That it shall be the duty of the Clerk of the 
County Court to file and preserve in his office the list aforesaid, 
furnished by the Assessor and Collector. It shall be the duty 
of the Treasurer of the State to ascertain from the abstracts 
transmitted to him by the Assessor and Collector, the aggregate 
population between the ages of six and eighteen years. And 
the fund appropriated by this act shall be apportioned among 
the different counties in the State, according to the number of 
scholastic population in each county, subject to the order of 
the County Courts, and payable to the respective county treas- 
urers, upon the order of the County Court, under the hand of 
the Chief-Justice and seal of the Court, or such amount be 
placed to the credit of the Assessor and Collector of Taxes of 



Education in Texas 291 

such county, upon his payment into the Treasury of his county, 
the amount so appropriated to such county, and filing the re- 
ceipt of the county Treasurer acknowledged by the said Treas- 
urer before the Clerk of the County Court, and by the said 
Clerk, duly certified under his hand and the seal of his Court, 
with the Treasurer of the State. 

Sec. 4. That it shall be the duty of the County Court, 
annually, to apportion the said school fund among the children 
between the ages of six and eighteen years, who may attend 
any school in their respective counties, in proportion to the 
time that each child has been taught, upon the teacher's filing 
with the County Clerk, an affidavit, signed and sworn to by 
himself, before some officer authorized to administer oaths as 
to the number of children taught, and the time they received 
instruction. And said schools are hereby declared "free public 
schools"; provided, that no child whose entire tuition has 
been paid, shall receive any money under the provision of this 
section. 

Sec. 5. That the teacher of each school shall be required 
to keep a day book, and at the close of his term of teaching 
shall furnish the County Court with a tabular statement of 
the names of all the patrons and pupils of the school, the num- 
ber of pupils sent by each person, and the number of days 
each pupil attended school which statement shall be supported 
by his affidavit, made before some officer authorized to ad- 
minister oaths, that the same is true and correct. And he 
shall further make affidavit, supported by the certificate of two 
responsible house-holding patrons of his school, that he has 
taught said school for a period of not less than three months. 
And upon his failure to make said report, he shall forfeit all 
claim for compensation for services rendered under this act. 

Sec. 6. That the County Treasurer of each county shall 
give bond, with two or more securities, payable to the county in 
twice the amount of the school fund to which the county shall 
be entitled, as soon as the Chief-Justice shall be notified by 
the Treasurer of the State, of the amount to which his county is 
entitled, which bond shall be conditioned, that he will well and 
faithfully keep an account of the money to him committed, as 



292 University of Texas Bulletin 

a school fund for his county, and pay over the same, only 
upon the order of the Chief-Justice of the county, under his 
hand and the seal of the County Court. He shall keep an accurate 
account of all monies received and paid out by him, to register 
and number all orders by him paid or accepted, to be paid. He 
shall between the first and tenth of the fiscal month of the 
Treasury of each year, renew his bond ; and all suits upon such 
bonds shall be in the name of the county, and in other respects 
they shall be governed by the laws regulating the bonds of 
county Treasurers. If any person or patron of any school is 
unable to pay his tuition, and the teacher shall be satisfied 
of the fact, it shall be the duty of said teacher to make out a 
list of all such patrons together with the amount of money 
due from each for tuition, and forward the same under oath 
to the Chief-Justice of the County. 

Sec. 7. The Treasurer of the State shall be ex-ofhcio Super- 
intendent of Schools. It shall be his duty, after the first day 
of the fiscal month, in each and every year, to record the 
abstracts of children of lawful age in different counties, ap- 
portion the monies as herein contemplated, distributing to the 
several counties the amount to which each is entitled, accord- 
ing to its scholastic population. And it shall be the duty of the 
Treasurer to keep correct account of all the monies and 
matters appertaining to the school fund, and report to the 
Governor annually, at the close of the fiscal year, the con- 
dition of the school fund, distribution of monies, and such 
suggestions in regard to the School System as may be deemed 
advisable. That the fiscal scholastic year shall commence and 
end upon the fiscal year of the State Treasury. That the 
County Court of each County, after ascertaining that the 
patrons returned are unable to pay the tuition, shall make a re- 
turn of the same to the State Treasurer, who, upon the order 
of the County Court, under the seal of their offices, in favor 
of the county, shall pay over to said County Courts their dis- 
tributive shares of the interest of the School fund; and the 
County Courts on receiving the same, shall proceed to dis- 
tribute the same, as required by this' act; first providing for 
those children whose tuition has not been paid from inability of 



Education in Texas 293 

the patrons; provided, that orphan children, and children of 
widows, who have no other or greater amount of property than 
is exempted from forced sale, be considered indigent. 

Sec. 8. That the Assessor and Collector of each county, 
for the year 1856 and all succeeding years, shall receive for his 
compensation, for discharging the duties imposed upon him by 
this act, twelve cents per child for two hundred children and less ; 
eight cents per child for all less than three hundred and more 
than two hundred; six cents per child for all less than four 
hundred and more than three hundred; five cents per child 
for all less than five hundred and more than four hundred ; 
four cents per child for all less than a thousand and more than 
-five hundred; three cents per child for two thousand and more 
than one thousand ; two cents for all over two thousand. And 
should the Assessor and Collector refuse or fail to take and 
report the census of the children as required by this act, he 
shall forfeit the whole compensation allowed, and be fined not 
less than twenty-five nor more than one hundred dollars, at the 
discretion of the county court; and in case of failure from any 
cause whatever, of the Assessor and Collector, in making a 
report of the census of his respective county, to the County 
Clerk, on or before the first day of July, in each year, the 
County Clerk shall be authorized to appoint some suitable 
person to perform said labor, who shall be entitled to the same 
compensation as allowed to Assessors and Collectors, under 
this act ; provided, he makes his returns by the first day of Sep- 
tember following. Assessors and Collectors, or other persons 
appointed to take the census of scholastic population, shall 
not be entitled to compensation for their services, unless their 
returns are made within the time prescribed by this act. 

Sec. 9. That the counties which have not heretofore re- 
ceived their share of the Special School Fund for either years' 
1854 or 1855 from failure to make returns of their scholastic 
population, shall be entitled to receive the same upon the 
following basis, to wit : Those counties that made returns for 
the year 1854, but not for 1855, shall be allowed an addition of 
five per cent to the returns of 1854, and the result be placed to 
the credit of such counties as their share of the fund for 



294 University of Texas Bulletin 

1855. Those counties that made returns for 1855, but failed 
for the year 1854, five per cent shall be deducted from the 
return of 1855, and the result shall be placed to the credit of 
such counties as their share of the fund for 1854. Those 
counties that have failed entirely to make returns, shall upon 
their making due returns for some present year, be allowed a 
credit for the years so failing, by deducting from the number of 
children for the year returned, such annual percentage of in- 
crease as the aggregate returns of all the counties shown to be 
increase back to the year 1854. "When the Assessor and Col- 
lector, or person appointed under the provisions of the previous 
section, shall fail to make and have on file in the Treasurer's 
office, by the first of the fiscal month of the Treasury, of each 
y^ar, returns of the scholastic population of their respective 
counties, the census returns of such counties, for the previous 
year, shall be taken as the basis of distribution to such counties 
and the amount so set aside shall be paid to such counties 
without regard to returns that may be made to the Treasurer's 
office, after the date above mentioned. 

Sec. 10. The Treasurer of the State shall send to each 
County Court and to each Assessor and Collector, a copy of 
this law, and require from each Court an annual report of the 
number of schools, the number of children, the disposition of 
the fund, and such other information as will give a correct 
idea of the condition of the schools. 

Sec. 11. The provisions of this act shall only extend to 
such children as are actually sent to schools of the State. That 
no school shall be entitled to the benefits of this act unless the 
English language be taught therein. 

Sec. 12. That all laws conflicting with the provisions of 
this act, be, and the same are hereby thus far repealed. And 
that this act take effect and be in force from and after its 
passage. 

Approved, 29th August, 1856. 1 

General Laws of the Sixth Legislature of the State of Texas. A&- 
journed Session 1856, 107-112; An Act Providing for the Support of 
Schools, Approved August 29, 1856, with Instructions and Forms for the 
Use of School Officers, 3-7; Gammel's Laws of Texas, Vol. 4, (525-530). 



Education in Texas 295 

CIRCULAR 



TREASURER'S OFFICE, 
AUSTIN, NOVEMBER 17, 1856. 



TO SCHOOL OFFICERS: 

An Act of the Legislature, entitled "An Act providing for 
the support of schools," approved 29th August, 1856, materially 
changing as it does, the system of schools, provided for in an 
act approved January 31, 1854, entitled "An Act to establish 
a system of schools," makes it incumbent upon me as Ex- 
Officio Superintendent of Schools, to address you relative to 
the introduction of the new system in place of the old. 

The law of 1854, required the counties to be divided into 
convenient districts, a board of three Trustees for each, and 
the special school fund received by each county, was to be held 
by the County Treasurer, for the benefit of each district in pro- 
portion to the number of scholastic population therein, pay- 
able to the chairman of the board of Trustees, whenever it 
was shown that section 8 of said law had been complied with. 
I am well satisfied that not one-fourth of the school districts 
in the State have complied with that section (8th) of the law, 
and received the fund, reserved for their benefit, and that the 
greater portion of the State funds distributed for the years 
1854 and 1855, are still in the hands of the County Treasurers. 

The act of August 29th, 1856, abolishes from and after its pas- 
sage the district system, and dispenses with the board of Trus- 
tees, providing in their place, that all schools, the teachers of 
which comply with the provisions of sections 4th and 5th of said 
act, shall be "free public schools." All those districts which 
failed to establish and claim their pro rata of the school funds of 
1854 and 1855, for want of a compliance with the law of 1854, br 
fore its repeal, are, in my opinion, prevented from being di- 
rectly benefitted by it hereafter. None but the district Trus- 
tees were entitled to receive it from the county Treasurer, 
and if a district had no trustees previous to the repeal of the 
act, there can be no authority to claim or draw it hereafter. I 
would, therefore, suggest to the County Courts that all the 
school fund remaining in the county treasury, which cannot be 
claimed by districts properly organized under the act of 1854, 



296 University of Texas Bulletin 

be thrown into a common fund, and distributed under the act of 
1856. I see no other way for these retained funds to be legally 
distributed, and put to the use intended by the law of 1854. 

I presume that in most of the counties, the annual election of 
Trustees was held on the 1st Monday in September last, as 
provided in the 15th section of the Act of 1854, and probably 
in many instances the Trustees have contracted with teachers 
for tuition for the ensuing year. Where such is the case, I 
see no necessity for the contracts to be rescinded, or the 
Trustees to give up their care over the school, provided, the 
patrons of the school are satisfied with the contract made with 
the teacher. The school can go on, and be conducted under the 
Act of August, 1856. The Trustees, with the consent of the pa- 
trons, having a supervision over the school, and seeing that the 
teacher complies with the requirements of sections 4 and 5 
of said Act, so that the school may be entitled to its pro rata 
share of the school fund. 

The Act of August 29, 1856, blends and makes one, the two 
funds known in the act of January, 1854, as the "General 
School Fund", and the "Special School Fund", and the inter- 
est accruing upon the United States Bonds, forming the prin- 
cipal of what is now known as "the School Fund," is to be 
distributed annually to the counties according to the scholastic 
population in each. This distribution will be made at this 
office on the 1st day of November of each year, (being the 1st 
day of the fiscal year of the State Treasury,) and when the 
funds are received into the County Treasury, the first duty 
of the County Court will be to provide for the tuition of 
children of such patrons as are unable to pay, as reported 
by the teachers of the different schools in the county ; then the 
residue of the annual fund is to be apportioned among the 
children between the ages of six and eighteen years, who 
actually attend school, according to the time each child has at- 
tended, during the year. The law does not state who shall 
be entitled to receive the school money from the county 
Treasury, but the inference is that it is to be paid to the 
teachers. I apprehend, however, that difficulties will arise, in 
the employment of teachers, who will be unwilling to wait 



Education in Texas 297 

until the close of each scholastic year, for all of their tuition 
fees, that will make it necessary for patrons, in engaging the 
services of a teacher, to become responsible for the whole 
amount of his fees, with occasional payments ; and when such is 
the case, it would be for the interest of the patrons to see that 
the teacher complies fully with the provisions of the act of 
August 1856, in keeping his daybook, and making a tabular 
statement as required by section 5th, and the statement of 
exempt patrons as required by section 6. The patrons, then, 
by taking a receipt from the teacher, in full payment of bis 
services, would be entitled, upon such receipt, to draw from 
the County Treasury the pro rata of the school fund; or a dis- 
trict or section of county wishing a school might contract with 
a teacher at a certain rate per month or session, which rate the 
patrons become responsible for, payable at certain stated times, 
and in addition give to the teacher the benefit to be derived 
from the State fund distributed to the counties, the amount 
of which to each scholar cannot be ascertained or paid until 
the close of the scholastic year. This course would be an 
inducement for teachers to comply strictly with the law ; and 
the greater the number, and more constant attendance of 
scholars, the greater would be the reward of the teacher from 
the ''school fund." 

Unless one of the two plans indicated is pursued, I do not 
believe teachers can be employed to take schools under the 
provisions of the Act of August, 1856. They will require their 
pay, or at least part of it, before the close of a scholastic year. 
The school fund cannot "be divided until the close of the year, 
when the tabular statements of all the teachers of a county 
are in the hands of the County Court, and then, and not till 
then, will be known the amount of the school fund going to 
each child for his or her tuition; and then, and not till then, 
will be known the balance of tuition, due by patrons to teachers, 
all will admit that teachers cannot be employed upon twelve 
months (or more) credit, and will see the necessity of pursuing 
the contract system, either based upon the responsibility of the 
patrons for the full amount of the teachers salary, with a con- 
dition of release on the part of the teacher for whatever State 



298 University of Texas Bulletin 

school fund may result upon an annual distribution thereof, 
as due the school for the benefit of the patrons thereof; or 
upon the responsibility of the patrons for a stated salary, 
conditioned that the teacher shall be entitled to, and receive 
whatever amount may be found due at the end of the year 
from the State fund. 

In most of the counties, I presume there are districts which 
have had schools in operation during the year 1856, where the 
Trustees have contracted debts for tuition, to be paid out of 
the school fund of 1856, distributed at this office on the first 
instant; where such is the case it will be necessary that the 
county courts distribute to such districts the amount they are 
entitled to, according to scholastic population, under the pro- 
visions of the Act of January 1854. Then the balance of the 
fund of 1856, as also the balance of the funds of 1854 and 1855, 
remaining in the county treasury, and which, under the act 
of 1854, were set aside for the benefit of each district ac- 
cording to its scholastic population, but which, for want of 
a compliance with the conditions of said law, many districts 
have never been entitled to draw from the county treasury, I 
would suggest, should be made a common fund for the benefit 
of "free public schools" under the act of August last. In my 
opinion, if county courts attempt any other distribution of the 
funds left in the county treasury, they will do so in violation 
of the Act of 1854, which requires the fund to pass alone from 
the county treasurer through the hands of the chairman of the 
board of trustees. In making these suggestions, I have no 
intention of confining the county courts to the plans suggested, 
provided they can see, and adopt any other legal mode of dis- 
tribution, that will serve the interest of the "free public 
schools" better. 

This office has held in reserve a sufficient amount of the 
"General school Fund" to meet the orders of the county courts 
for all amounts due the different counties, to the 31st of 
Oct. past, for and on account of the tuition of children of such 
patrons as are exempt from the payment of their share of 
the teachers salary, under the provisions of sections 12th and 
13th of the act of January 1854 ; and Chief Justices in making 



Education in Texas 299 

up their statements must certify that the amount reported 
is due for teaching prior to the 31st of October, 1856. For 
the tuition due by such patrons from and after said date, each 
county must provide out of the annual fund received by the 
counties from the State Treasury. In the Act of August there 
is a seeming inconsistency in regard to this matter. Section 
1st consolidates, as I have before stated the two school funds 
known under the Act of 1854 as "General" and "Special" 
Funds, and appropriates the interest arising from the principal 
of the "School Fund" as directed in the 3d section, to be ap- 
portioned among the different counties in the State according 
to the number of the scholastic population in each county. 
This distribution or apportionment is to be made annually on 
the 1st day of November, and when made for any given year, 
exhausts, of course, all that is disbursable of the school fund 
for that year; but the act goes on, and in section 7th, says, 
'That the county court of each county after ascertaining that 
'the patrons returned are unable to pay their tuition (see last 
'clause of section 6) shall make a return to the State Treasurer, 
'who, upon the order of the county court(s) under the seal(s) 
'of their officers in favor of the county, shall pay over to said 
'county courts, their distributive shares of the interest of the 
'school fund, &c." This clause is a second and entirely different 
provision for the payment of the same fund to the counties, as 
provided in section 3d of the Act, and will therefore be treated 
as a nullity by this office. The annual fund once in the county 
treasury, under section 3d of the Act, the county court will be 
governed in its distribution, by first,. providing for those children 
whose tuition has not been paid, from inability of the patrons, &c, 
(see latter clause of section 7) and then the residue to be appor- 
tioned ' ' among the children between the ages of six and eighteen 
years, who may attend any school in their respective counties, in 
proportion to the time each child has been taught (see section 4.) 
I have reconciled the conflicting provisions of the act to the above 
construction, as the only practical one, and therefore, the county 
courts can exercise their discretion in making, or not, to this 
office, the return mentioned in section 7, but if made, no action 
will be had upon it. 



300 University of Texas Bulletin 

The new law is similar in its provision regarding the duties 
of Assessors and Collectors as the law of 1854, it requires him 
to make out a list of all the free white population in his county 
between the ages of six and eighteen years, and transmit the 
same under his official signature to the County Clerk of the 
County, and a certified copy to the Treasurer of the State, 
on or before the first day of July in each and every year. The 
words "make out a list" evidently mean that the names of the 
children should be given, otherwise it would be no list, but a 
mere enumeration of them in gross. I am satisfied that for 
the proper guidance and direction of the county courts, it 
will be essential for them to have the names of the children, 
in their respective counties, and they should, therefore, re- 
quire the Assessors and Collectors to give the names of all those 
composing the scholastic population of the county. 

It is to be hoped that the county courts will see that the 
Assessors and Collectors make their returns by the 1st day 
of July in each year, or in case of their failure or neglect so 
to do, let some competent person be appointed at once, who 
will make the return by the 1st of September following, as 
provided in section 8th of the new law. 

By the 10th section of the Act of August 1856, it will be 
observed that the county court of each county is required to 
make to this office "an annual report of the number of schools, 
the number of children, the disposition of the fund, and such 
other information as will give a correct idea of the schools." 
I trust that the county courts will be particular in complying 
with this provision of the law ; making their reports, up to the 
1st day of September of each year, and forwarding them in 
time for this office to receive them before the 31st of Oct., at 
which date the annual reports of this office are prepared, and 
niade up; and also that they will make their reports as full in 
detail as possible, for upon them this office has to rely for all 
its data and official information in reference to the workings 
of the school law. 

I am well aware that many difficult questions will arise in 
putting into operation the law of August last, in the determina- 
tion of which the county courts will have to exercise discretion- 



Education in Texas 301 

ary powers, without reference to this office for opinion or in- 
structions. Where such is the case, it is hoped their judgment 
will result in the appropriation of the school fund to the 
legitimate purpose named in the law, and for the advancement 
of "free public schools" in our State. 

For the purpose of general circulation by the county courts, 
I have accompanied this circular with a copy of the Act of 
August 29, 1856, and with such forms as I believe will be 
suitable for the use of Officers and Teachers in carrying out 
the law. 

Very Respectfully, 

JAMES H. RAYMOND. 
Treasurer, and Ex-Officio S. S. 1 

REPORT OF THE EX-OFFICIO SUPERINTENDENT 

TREASURER'S OFFICE. 
AUSTIN, TEXAS, OCTOBER 31, 1857. 

TO HIS EXCELLENCY, E. M. PEASE, 

GOVERNOR OF THE STATE OF TEXAS. 

• Although the present system has had but a partial trial, >rill 
it has been found defective — the law conflicting in parts, and 
wanting much in detail, causing more or less difficulty to the 
officers and teachers in those counties where the system was 
adopted and worked under during the past year. Owing to the 
fact that the law of August 29th, 1856, could not be placed in 
the hands of many of the county courts, until after the District 
elections for trustees had been held under the Act of January, 
185-1, and those trustees, in many instances, had entered into 
contract with teachers for tuition for the scholastic years 1856- 
'57; (which contracts could not well be rescinded,) it resulted 
that during the last scholastic year (to August 31st, 1857) some 
of the counties worked under the District system of the Act 
r.f 1851; others adopted at once the system of the A.ct of 
August, 1856; and some never organizing or having schools 
under either system, so that there has been no uniformity of 



1 An Act Providing for the Support of Schools, Approved August 29 
1856, with Instructions and Forms for the Use of School Officers, 8-13. 



302 University of Texas Bulletin 

action, and but little information gained relative to the prob- 
ability of the present law on the subject of schools proving 
satisfactory to the public at large. 

The 10th section of the Act of August, 1856, makes it the 
duty of this office to' require of the county courts "an annual 
report of the number of schools, the number of children, the dis- 
position of the fund, and such other information as will give 
a correct idea of the schools." This requirement has been made 
of the county courts of every county in the State, by a circular, 
issued from this office, dated November 17th, 1856 ; but I regret 
to say it has not received general attention. Up to this date, 
but twenty-two counties, out of one hundred and twelve or- 
ganized counties, have sent in their reports for the past year, 
and such as have reported, with but few honorable and praise- 
worthy exceptions, are greatly wanting in detail, and devoid 
of interest or information of value to this office, in making that 
part of its report under the head of "suggestions;" which, 
properly, is dependent for its basis, upon these county reports. 
This office has no other reliable source of information than the 
county courts. The law looks to them for reports of its 
workings ; its defects, and such suggestions of change, amend- 
ment or addition as experience shows to be necessary. — These, 
when general, full and explicit, would comprise a mass of in- 
formation for this office to lay before the Honorable Legis- 
lature, and thus enable that body to legislate understanding^ 
in their efforts to make more perfect our school system. 

Accompanying this, in document marked "D", will be found 
either full copies or extracts of the most important parts 
of such reports as have been received. 

From the correspondence this Office has had with Chief 
Justices, Teachers and others, more or less interested in Schools, 
more knowledge has been obtained of the defects in the last 
School Law, and the amendments necessary to enable counties 
to work with ease and uniformity under it, than from any other 
source. 

Our present annual School Fund, for distribution, say $106, 
973.88, among 86,799 children, is entirely inadequate to justify 
expectations of anything approaching a creditable or perfect 



Education in Texas 303 

system, and unless the annual fund can be largely increased, 
so that by its amount the people of the State will be induced 
to take more interest in the cause of common school education 
than they now do, I am convinced that our present (apology 
for a) system should be adhered to — only let it be amended — 
made clear and explicit, so that all can understand it, and be 
enabled to avail themselves of the benefits to be derived from it. 

I am satisfied that the District System of the Act of 1854, 
would have proven more acceptable and more beneficial than 
the present one ; provided, County and District Officers had 
felt such deep and abiding interest in the subject as to have 
ensured their active, energetic and persevering labors in the 
various duties assigned to them by the law. But as that system 
was condemned by the last Legislature as too cumbersome, too 
inefficient, and the law, therefore, repealed, I am far from 
recommending the repeal of the present law — a change of the 
present system — because it, too, has, in the short and partial 
experience under its workings, proved to be defective and not 
meeting fully the expectations of the people. It would be 
folly to change our system every two years. If it is done, the 
people will never know the law; they will never be able to 
work to advantage and profit under any system with such con- 
stant changes. Better have a poor system well understood, 
than to have the most approved, and the people ignorant of 
its provisions. The present one is admitted inefficient, but 
let us try to make it efficient; let such amendments be made 
as are most needed, so that the benefits intended by the law 
may be easily understood and arrived at. 

To remedy apparent defects and reconcile conflicting pro- 
visions in the law, I would respectfully suggest the following 
amendments, and give a few of the reasons why necessary. 
Assuming that the present Legislature will, without doubt, 
pass a law changing the time from the 31st day of October 
to the 31st day of August, for the fiscal year to close, the 
different Offices of Government, I would suggest that the 
scholastic year, both fiscal and teaching, should close on that 
date (August 31st,) also. Such a change would make the an- 
nual distribution of the School Fund two months earlier than 



304 University of Texas Bulletin 

at present, and this of itself would be of great advantage to 
Teachers in enabling them to receive their pay promptly ; it 
would also give this Office sufficient time to prepare its reports 
and present them to the Legislature at its commencement, in- 
stead of sending them in a month or six weeks thereafter. 

The law should be so amended as to fix the teaching scholastic 
year from the 1st of September to the 31st of August following, 
and schools taught within those dates only, to be included in 
any given year's tuition; and require of every teacher w r hose 
school has been conducted under the law, with the expecta- 
tion of being benefitted by its provisions, to report forthwith to 
the County Court as required in the 5th Section of the Law. 
In addition- to the requirements made of the teachers in said 
Section, it should be made their duty to state in their reports 
the names of all the scholars, the amount of tuition, what has 
been paid by each patron, and what is still unpaid. As the 
system now works, some patrons pay the teachers the full 
amount of tuition due by them. The teachers report to the 
County Court the names of the scholars and the number of 
days tuition only; and the County Court, in making the dis- 
tribution under the 4th Section of the law, having no evidence 
of the teachers having received full tuition from soiue of the 
patrons, allow them the pro-rata upon the basis of their reports, 
when, in fact, the pro-rata of all such as have paid in full, 
should go to such patrons instead of the teachers. As the 
law now stands, there is no check upon the teachers. They 
('an before, or even after their report is made to the County 
Court, collect from such patrons as are able to pay in full the 
whole tuition due, and still receive from the County Court 
the pro-rata due the children of such patrons, without the 
patrons having any knowledge of the amount, or being bene- 
fitted in anywise by the State bounty, unless they individually 
call upon the teachers for a settlement. By reference to the 
report made to this Office from the County Court of Caldwell 
County, it will be observed that they have adopted a course 
curing this defect in the law, by which the patrons will re- 
ceive their pro-rata of the School Fund, without it passing into 
the hands of the teachers. They presume that all who are riot 



Education in Texas 305 

classed in the law as "indigent," will pay the teachers in full 
according to contract, and instead of paying the public fund 
remaining on hand after the tuition of the indigent has been 
satisfied to the teachers, the County Court appoints for each 
school taught in the County under the law, three responsible 
patrons to receive the money, and pay to each patron his or 
her distributive share of the fund, requiring said agents to make 
full reports of their acts at the February term of said Court 
following their appointment. This plan has worked well in 
Caldwell County, and I would suggest that provision be made 
in the law, making it the duty of County Courts to adopt a 
similar one in their respective Counties. It would have this 
advantage over the present provision. Teachers could at once, 
after closing a school session, collect from all patrons able to 
pay, the full amount of tuition due by them without having to 
wait for the annual distribution of the State bounty. The 
patrons instead of the teachers would then wait, but it is my im- 
pression they would be more certain to receive their distrib- 
utive share, from persons so appointed, than through the 
teachers, at least, with more convenience. Even if the amounts 
should not be paid to the teachers, but left in the County 
Treasury to the credit of the patrons, it would be inconvenient 
for each patron to call for the small amounts due them, and 
this would be obviated in a great measure by the appointment 
of trusty patrons of each school to pay such dues in their 
immediate neighborhood. 

The law is clearly defective in not providing some standard 
other than the affidavit of the teachers for determining what 
patrons are unable to pay their share of tuition. As it now 
stands, it simply requires the teachers to be satisfied that a 
patron is unable to pay, without defining the process to be 
pursued to arrive at such result, when they can report their 
conclusions under oath to the Chief Justice and receive pay- 
ment for tuition due by such patrons, having them classed un- 
der the head of indigent. I would suggest that the teacher's 
oath be supported by the certificate of at least two responsible 
paying patrons of the school, to the effect that they are ac- 
quainted with the pecuniary circumstances of the person or 



306 University of Texas Bulletin 

persons included in the report of the teacher as unable to pay, 
and are satisfied that the statement of the teacher is correct, 
and that the amount reported should be allowed; or give the 
County revisory powers, so that by examination of the tax 
rolls on file in the County Clerk's Office, and by their in- 
dividual knoAvledge of the situation of most of the residents 
of the County, that body can check any errors made by teachers 
in their returns, and make such corrections as facts in its 
possession will justify. 

There is some difference of opinion among County Courts 
as to the proper construction of the proviso to the 4th Section of 
the law. A short time since I had occasion to submit the law 
to the Attorney General for his opinion upon some doubtful 
points, and in his reply, upon the construction of this proviso, 
he says: "It might be understood from its language, that no 
"child whose tuition has been entirely paid from any source, 
"shaU'receive a benefit under the law. The manifest injustice 
"which would result from such a construction, requires us to 
"find some other, if consistent with the terms of the Act. To 
"illustrate: — It may happen, that one patron who is able to 
"pay, has paid; another, equally able, has paid only in part, or 
"not at all. The law certainly did not intend to give any ad- 
vantage to the non-payers on account of their default, not 
"arising from inability. The meaning of the proviso, as, I take 
' ' it, is, that no money shall be paid to a scholar, in any event, 
"over and above what is sufficient to discharge the amount due 
"for tuition, in cases where a surplus remains after paying in 
"full the indebtedness of all the schools." This, without doubt, 
is the true interpretation of the proviso ; but a school law, 
above all others, should be so framed as to be understood alike 
by all; leave no room for false construction, to the end that 
there may be uniformity in its operations. 

Some Counties have met with difficulties in determining 
the character and rate of tuition, that should be allowed to such 
as come under the head of indigent. By a compliance with the 
law, all schools are declared "free public Schools." This, of 
course, would include Colleges, Universities, Academies and 
Institutions of the highest grade, where the charges are regu- 



Education in Texas 307 

lated by the course of studies pursued, as well as the County 
Schools where teachers are employed at fixed monthly wages, 
or at so much a session for each scholar without reference to 
the studies pursued. Now it is natural that parents should 
prefer schools presenting the greatest advantages, and it is 
not to be wondered at, that those who are unable to pay the 
tuition of their children — availing themselves of the benefits 
of the law to the fullest extent — should send their children to 
the best institutions open to receive them. This course is 
pursued, particularly in the towns and villages where schools 
of a high grade are in operation, and the result is, that the 
tuition of such children has to be paid at the high rates of such 
schools, out of the public fund, provided therefor, — This is 
giving superior advantages to some of the same class, and 
manifest injustice to those children, who differently located, 
and attending schools in the country, are confined in their 
studies to elementary branches of English, at rates of tuition 
at least three-fourths less than those attending the high 
schools — all to be paid out of the same fund, and under the 
same provision of the act. To meet these high rates of 
tuition for the indigent, will prove an onerous burden to the 
counties ; besides, there is a want of justice in such an unequal 
distribution of the State bounty, and a little reflection, will I 
think, convince any one that some established rate of tuition 
should be fixed for such scholars as are unable to pay. This 
can be done either by authorizing the County Courts to fix 
the rates for their respective Counties, by an allowance to each 
teacher or school of so much per day, for each day's tuition 
of this class of scholars. This would make the benefits of 
the law uniform throughout the County, or by the Legislature 
fixing the rate in the law, which would make it uniform 
throughout the State. By adopting either of these plans, it 
would lead such institutions of learning to regulate their 
charges by the course of tuition given, to have primary de- 
partments, where they could afford tuition to the children of 
the indigent at the rate established by the County or State ; or, 
if allowing a full course to students, they would know what 
they could receive from the County Treasury therefor. 



308 University of Texas Bulletin 

Provision is also required to cover another defect in the law. 
It frequently occurs that schools are organized on .the borders 
of a County, attended by scholars from adjoining Counties. 
The teachers of such schools are only required to make their 
report of tuition to the County Court of the County in which 
such schools are located; and in doing this they include the 
tuition of scholars not belonging to that County, but who have 
been estimated in other Counties, and whose tuition should be 
chargeable to the county from whence they came. The fund 
of one county should not be appropriated to pay the expenses 
of tuition due from residents of other Counties. I would 
suggest that the law make it the duty of teachers, under such 
circumstances to report to the different County Courts, the 
actual attendance from each County sending scholars to such 
schools, and the reports of such teachers be considered by the 
County Courts the same as if the schools had been located 
within the limits of their County. 

There is an evident disposition in some Counties to make 
use of the present school fund, only for the tuition of such 
as are unable to pay. The fund is sufficient to meet the wants 
of this class, but after they are paid, there is so little left for 
general distribution; the pro rata is so small, as scarcely to 
make it an object to pay out, or for those interested to claim. 
As the indigent are most in need of State bounty, and the 
evident intention of the law is to give them, if none others, 
present help, I think it might prove well to allow County 
Courts to exercise discretion ; and after paying all charges 
for indigent, to either distribute the balance according to the 
present provisions of the act, or give them the privilege of 
loaning the same, with approved security at 10 or 12 per cent 
interest, thereby having an accumulating County school fund, 
to be used hereafter as sound policy may dictate. 

I would respectfully call attention to the report (in docu- 
ment "D") of the Chief Justice of Comal County, to the 
effect upon that County, of the abolishment of the District 
system established under the Act of 1854. This report is so 
full in its preference for the District system over the present 
one, that it is unnecessary for me to say more, than that other 



Education in Texas 309 

Counties are in a similar situation to that of Comal, and sug- 
gest that provision might be made for such Counties as fully 
complied with the Act of 1854, by organizing their districts, 
building and furnishing school-houses etc., to allow them to 
continue, at their option, the district system. It may be urged 
against this, that there would be no system or uniformity of 
action. Grant the objections; but it will lose all force, when, 
what we now call a system is closely scanned. It will be found, 
not a system, but an excuse or apology for, the distribution 
of so much money, annually, among the different Counties, 
which, when once in their possession, can take as many dif- 
ferent directions as the law is capable of different constructions 
or as the opinions of the County Courts will permit the use 
thereof. There is no other check than the County Treasurer, 
who, consenting, the fund can be, (and in some cases, I fear, 
has been) used for locating school-lands supporting paupers, 
and paying ordinary County debts. But, as I have said before, 
the annual School Fund is too insignificant, when compared to 
the number of children, to give hope or expectation of a system, 
affording general benefit, at all creditable to the State. "With- 
out a large increase of the fund, our efforts should be mainly 
directed to the education of such as are unable to pay tuition, 
and abandon the hope of a system of common schools, free to 
all — rich and poor — until we have the means to justify it. 

There is evidently a general desire for a change in that 
provision of the State Constitution preventing the sale, for 
a period of twenty years, of the lands donated to the several 
counties for public schools, so that they may be made available 
for present purposes in the support of schools. In my report 
to the Sixth Legislature, I called the attention of that body 
to this change, by making use of the suggestions of your 
Excellency upon the subject in your annual message to the 
Honorable Legislature, under date December 23, 1853. — It will be 
observed that the Chief Justice of Comal and Fayette Counties, 
in their reports, call particular attention to this subject, and I 
am satisfied that it would meet with the views of a large 
majority of the people of Texas. I therefore, confidently trust 
the present Legislature will take the initiatory step for such 



310 University of Texas Bulletin 

an amendment to the Constitution as will authorize the sub- 
dividing of those lands into small tracts, and the sale of 
alternate tracts, at not less rate than a stated minimum upon 
time, with 6 per cent interest, payable annually. Such a 
policy would give immediate benefit to many Counties in 
sustaining a system of schools, besides being conducive to 
the settlement and prosperity of those Counties wherein large 
bodies of these school lands are located. 

I would recommend the repeal of the following clause of 
the 7th section of the law: 

"That the County Court of each County, after ascertaining 
that the patrons returned are unable to pay the tuition, shall 
make a return of the same to the State Treasurer, who, upon 
the order of the County Court, under the Seal of their Offices, 
in favor of the County, shall pay over to said County Courts 
their distributive shares of the interest of the School Fund." 

This is a second and entirely different provision for the 
payment of the same fund to the Counties; the 3d section of 
the act providing for the distribution of the whole annual fund 
arising from interest, leaving nothing in the State Treasury 
to pay to Counties under the provisions of the 7th section. 
All of the 7th section following the above recited clause should 
be added to the end of the 6th section, where it will be seen, 
more properly to belong. 

The Act of August 1856, provided for one copy of said act to 
be furnished to each County Court and to each Assessor and 
Collector. This, I felt satisfied, was totally inadequate to 
furnish such general information of its provisions as was de- 
manded, I therefore procured in addition, the printing of two 
thousand copies, in pamphlet form, which I accompanied with 
a circular to "School Officers," giving such explanation of the 
laws as I considered necessary to its proper introduction into 
use, as also, with such forms as would aid officers in the dis- 
charge of their duties, which were distributed among the 
Counties. I send herewith a printed copy of said circular, 
dated November 27th, 1856 ; also, a printed copy of my cir- 
cular of October 2nd, 1857, in order that the Legislature can, 



Education in Texas 311 

if desired, correct any errors I may have fallen into in my 
interpretation of the School Law. 

Respectfully submitted by 

Your Excellency's 
Obedient Servant 

JAS. H. RAYMOND. 
Treasurer and Ex-Offieio Superintendent of Schools. 1 

ABSTRACT OF REPORTS OF COUNTY COURTS 

COMAL, COUNTY. 



Throughout the greater part of this county, and more par- 
ticularly among the German population of the same, (the part 
of the county, where those five schools reported are located, is 
settled almost exclusively by natives of Germany) a great in- 
terest for public schools is felt, as exemplified after the passage 
of the school law of 1854, that, immediately in six or seven 
districts of this county, subscriptions for school-houses were 
raised, and school-houses built or commenced ; but, after the 
passage of the present school law, which repealed the District 
System, in some of them the completing of the same ceased. 
At New Braunfels a large, substantial school-house, with three 
large rooms, was built and furnished by voluntary contribu- 
tions of the citizens, and finished in April 1856. The school 
patrons, soon after, finding the same too small for the great 
number of children, resolved to add to said building another 
very large room, which was finished and furnished in April, 
1857, also by voluntary contributions ; and if the crops in our 
county had not have proved an entire failure this year, still 
another building -would have been added to it, which now must 
be delayed until times become better. In said school three 
teachers are employed in four classes, and a fourth teacher 
will be employed as soon as the necessary funds for his salary 
can be obtained. For the same school, a library, which very 



^Report of the State Treasurer as Ex-offlcio Superintendent of Schools 
for the Years 1856-'57, 22-31. 



312 University of Texas Bulletin 

probably consists of nearly 1000 volumes, is now on the way 
from Germany, as a gift from the friends and relations in 
Germany to said school, together with over 100 volumes con- 
tributed from gentlemen of New York. 

According to the Act passed at the last Legislature, authoriz- 
ing the Trustees of the several school districts of Comal county 
to levy and collect a special tax for school purposes, approved 
February 4, 1856, I call to your recollection my last annual 
report, in which I communicated that an election in the several 
school districts of this county was ordered, at which election 
two of the districts voted in favor of said tax, to-wit : New 
Braunfels district, (with 5-6 for and 1-6 against) and the 
Comaltown precinct; and, in those two precincts, the public 
schools were principally supported by their shares of the school 
fund and said tax. Several of the other districts, which at 
that time voted against said t;ix, have since found out that 
such a tax operates very well, and is no burden at all on the 
people, but does more to keep up the schools than anything 
else, and, therefore, they wish very much to benefit themselves 
by said Act. ' However, the Chief Justice is prevented order- 
ing a new election by the terms of the last Act abolishing the 
school districts. 

As indicated in the above mentioned last annual report from 
this county, the present school law is more defective than the 
law of 1854, and one of the greatest objections to the law in 
force now, is the abolishing of the District System. The 
former law the people had hardly time to get acquainted with, 
and get perfectly familiar with. It was defective in many 
instances, but not in so many as the present law. 

According to the law of 1854, each county was to be laid 
out in school districts of convenient size, and each district 
had to elect its Trustees and build school-houses. In this 
county most of the "districts have elected their trustees, and 
six or seven have built school-houses ; but after having done all 
which the law required, the next Legislature does away with 
the District System, and the question is, now, to whom do 
such school-houses belong? It may happen that two or three 
teachers would like to keep schools in such a district, each of 



Education in Texas 313 

them will have the support of some of the partons — who shall 
have the preference? "Who superintends such buildings and 
their furniture? If all the citizens shall do it, then certainly it 
will not be much cared for. Furthermore, under the former 
law, the patrons had to indicate, at an annual meeting, to their 
trustees, the kind of school they wanted, the amount of salary 
they wished to pay their teachers, etc. ; but the appointing of 
teachers was left entirely to the trustees; the teachers had 
nothing to do with the patrons ; they were only dependent upon 
the trustees; and, as it is always easier to get along with 
three men selected by the people, than with the whole mass of 
the people, the teachers were much better off under the former 
system than under the new one. And the consequence is, as it 
is to be seen every day in every county, that county schools 
spring up every day, but, in most of the cases, after a short 
time, one or the other patron finds fault with the teacher, and 
does not send his children any more, until, after a while, the 
teacher finds so few children in his school that he has to give 
it up, as it does not pay. Such people being, perhaps, very 
anxious to have their children educated as well as their means 
allow; after some time they get another teacher, and so it 
goes on the same way. But, after having done all that was in 
their power to get up a school, they will lose their share of the 
school fund, as such teacher has to swear that he has taught 
his school for a period of at least three months; but it may 
happen that, in all, such a school was taught for nearly nine 
months during the year, and still the people would not be 
entitled to their share of the school fund, as none of the 
teachers had been employed there three months ; and if one 
of them had really taught so long, he has since left without 
having made his report. All such things could not happen 
under the District System, as then it would be the duty of the 
trustees to look out for the interest of the school, and to col- 
lect all the money they could get. As the trustees had to em- 
ploy the teachers, the latter look- to them for their payment; 
and they were responsible for it so far as the income of the 
school would go and if they had discharged one teacher, they 
would directly employ another one, the school always re- 



314 University of Texas Bulletin 

maining the same, and being entitled to draw its share of the 
school fund for the number of days the school was taught. 
It is to be supposed that the people will elect such trustees 
as will be qualified to fill said office, and feel interest enough 
in the cause of education to promote this object. But as it 
often happens that the people do not find the best men at once, 
therefore, it is certainly better to have an election for trustees 
every year, so that people may have a chance to get trustees 
in case the former should not give satisfaction ; and, if elected 
every two years, too much time for the children would be lost, 
should the trustees not do their duty. 

The plan, the undersigned County Court would unanimously 
recommend, is the same as indicated in the last annual report 
from this county, namely: 

The Constitution should be so amended, that each county 
should sell, annually, a part of its school lands, (say the 
alternate section of one league) under the same stipulations as 
set forth in "An Act authorizing the disposition and sale of 
the University lands, ' ' approved August 30, 1856 ; and that the 
interest derived from the sale of said lands be annually added 
by the County Court to the share of this county of the State 
school fund, which, in a few years, in most of the counties, 
would bring a sufficient amount to establish free schools 
throughout the whole county. The sale of school lands, ad- 
vocated so much by the message of his Excellency, Governor 
Pease, and your report to the Legislature, was also very 
strongly recommended at the last Legislature by Dr. Kittrell, 
Chairman of the committee on Education, (Journal of the 
House of Representatives, p. 310.) 

Furthermore, we would recommend the appointment of a 
State Superintendent of Public Schools, (as already recom- 
mended by you in your report to the last Legislature,) with a 
sufficient salary and other requisites for said office. 

The duty of said Superintendent would be to oversee all 
schools in the State, give such recommendations to the school 
officers as he thinks fit to promote the object in view, recom- 
mend new books and apparatus for said schools; if requested, 
import such books and apparatus in the counties at the least 



Education in Texas 315 

possible expense, visit the schools occasionally, etc. He 
should make the distribution of the school fund among the 
several counties of the State ; the moneys derived therefrom 
should be paid semi-annually, instead of annually, as js now 
the case; and whereby the teachers have to suffer the most, 
who have generally to wait for their hard-earned and often 
comparatively very small salary almost a year. 

Each county to be divided into school districts ; each district 
having the right to levy and collect a school tax, if the majority of 
the voters of such district consent to it, at an election to be held in 
the district by an order of the Chief Justice, at the request of 
at least ten patrons of such a district. Then the Chief Justice 
of each county should be made ex-offioio Superintendent of 
schools in his county; should order all elections for said pur- 
pose ; should visit each school within the county at least once a 
year; should once or twice a year, at stipulated times, hold a 
meeting at the county seat, with the assistance of at least one 
Trustee from each district, at which meetings the recommenda- 
tions, etc., of the State Superintendent be presented, the reports 
of each district received and read, such suggestions and altera- 
tions as required be made, the districts laid out or altered or 
discontinued as it may be agreed upon, the county school 
fund distributed, complaints against trustees or teachers be 
heard, investigated, and if necessary, the trustees or teachers 
removed, teachers examined and licensed, etc., and, in par- 
ticular, it should be the object of such a Court to carry out 
the plan which, in most of the counties, can be carried out, 
and should be carried out; that is, that all the different 
schools in the county should be connected together; that pri- 
mary schools should be established in such districts where the 
population is more scattered, and better schools, if possible, 
where it is more dense, and at the county seat, where, in most 
all the counties, the population is thicker a higher school 
established, in which the children would then be well prepared 
to be benefitted by the Universities which are to be established 
now in the State, but by the present state of the schools in the 
county, will only be beneficial to the children of wealthiest 
parents, as the tuition fees of high school are so high now. 



316 University of Texas Bulletin 

The undersigned is perfectly convinced that, in such a way, 
the people of the whole State would, within a very few years, 
have the best and most beneficial system of schools. And after 
the adoption of such a system, should the object in view be 
not carried out in some of the counties, it will be the fault of 
the people themselves in such counties, if they do not elect 
such officers, who do not feel interest enough in the education 
of their children who when grown, become the rulers of the 
country. Under no kind of government, a good and uniform 
system for the education of children is of more importance 
than in a Republican government ; and it is the best thing to 
prevent rowdyism and crime. 

TH. KOESTER, 
Chief Justice, Comal County. 
New Braunfels, October 6, 1857. 1 

GILLESPIE COUNTY, (SUPPLEMENTARY REPORT.) 

James H. Raymond, 

Treasurer of the State of Texas: 
Sir : — I deem it necessary to draw your attention to several 
deficiencies in the School Law of 29th August, 1856. In con- 
formity to the law of 1854, there were built in this County six 
school houses ; some at considerable expense. It is now a ques- 
tion as to whose is the right to occupy and the duty to super- 
intend these houses as the law of '56 has done away with School 
Trustees. It is highly necessary that this matter should be 
provided for by legislative enactment. Those who contributed 
to the building of these houses, contend that they are equally 
entitled to the occupation and use of them. Your advice on 
this matter would be thankfully received. The majority of 
the inhabitants of this County would much prefer the law of 
1854 to that of 1856, unless the latter be considerably changed 
and amended. By this latter law, the inhabitants of villages 
and towns are favored to the disadvantage of farmers and 
others scattered in the country, as the latter cannot send their 
children to school regularly, while the former may send theirs 

'Ibid., 37-41. 



Education in Texas 317 

daily throughout the year. As the money is distributed in 
proportion to the time a school has been taught, it is obvious 
that those living in the county, labor under a great dis- 
advantage, and there is no doubt that the law of 1854 was a 
more just law than that of 1856. Under the last law, any num- 
ber of insolvents and widows may employ a teacher at any 
salary, and the County Court would be obliged to pay the same 
in preference to other claims of a similar nature. In this 
also, the law of 1854 was more just, as it excluded such ex- 
travagance, and yet provided for the payment of the schooling 
of children of insolvents and widows. Much more might be 
said of the inefficiency of the law of 1856, but its inadequacy 
is so well known that it would be superfluous. 

W. WAARMUND, 
Chief Justice of Gillespie County. 1 

MESSAGE OF GOV. PEASE TO THE SEVENTH LEGISLATURE 

1857. 



Gentlemen of the Senate and House of Representatives: 

The reports of the State Treasurer, as Ex-Officio Superin- 
tendent of Common Schools, for the years 1856 and 1857, show 
that the principal of our School Fund has been increased to 
about two millions and two hundred thousand dollars, under 
the provisions of two laws of the last session, by which the ten 
per cent of our annual revenue set apart by the Constitution 
for schools, and the proceeds of the sales of all public lands 
within the limits of the Mississippi and Pacific railroad reserve, 
are annually added to this fund. 

Should these judicious provisions remain undisturbed, and 
a similar law be enacted, for the sale of our public lands in 
other parts of the State, the proceeds to be added to this fund, 
it will hereafter be increased over a hundred thousand dol- 
lars each year. 

The number of scholars reported for the year 1856, was 
72,826, and the amount disbursed for schools, from the income 

'Ibid., 45-46. 



318 University of Texas Bulletin 

of the fund, was $101,588 .00, being about one dollar and 
thirty- eight cents for each scholar. 

The number reported for 1857 was about 87,000, and the 
amount disbursed from the income of the fund was $106,000, 
being about one dollar and twenty-one cents for each scholar. 

While the amended school law of the last session, has proved 
to be much more satisfactory to the people than the former 
law, many imperfections have been discovered in its details, 
that will require revision. 

Your attention is particularly invited to the suggestions and 
recommendations contained in these reports. They are the re- 
sults of the experience of the superintendent and others, in 
witnessing the practical operation of the present and former 
law, and are worthy of your serious consideration. 

On former occasions, I have called the attention of the Legis- 
lature, to the importance of establishing a State University, 
where all the facilities can be furnished for obtaining a thor- 
ough education, that are to be found in other States; I feel 
that I should be wanting in duty, did I fail to urge this 
measure upon your consideration. No country was ever better 
situated to commence such an undertaking. "We have ample 
means in the Treasury, not needed for other objects, with which 
to erect the necessary buildings; and we have two hundred 
and twenty one thousand and four hundred acres of land 
already set apart by your predecessors for a University, the 
proceeds of which, if properly managed, will be a liberal en- 
dowment, and will enable us to command the services of learn- 
ing. 

The necessity for such an institution is felt and acknowl- 
edged by every one; and I trust that you will not let this ses- 
sion pass, without adopting measures for its establishment at 
an early day. 

The residue of the University Lands, to make up the fifty 
leagues, have been selected and surveyed in accordance with 
the provisions of an act of the last legislature. 

But little progress has been made, under the act authorizing 
the University Lands, heretofore located, to be divided into 
quarter sections, and alternate tracts thereof, to be sold. Only 



Education in Texas 319 

two District Surveyors have made returns of their work to the 
General Land Office; and one of these was so imperfect that 
it had to be sent back for correction. I have not thought it 
advisable to commence the sale of any of these lands, until 
all, that are situated in the same section of the State are ready 
for sale, under the law. 

The first annual report of the Board of School Commis- 
sioners, organized under the "act to provide for the invest- 
ment of the special school fund in the bonds of Railroad com- 
panies incorporated by the State," is herewith submitted. 

But two loans yet have been made by this board. One of 
one hundred and fifty thousand dollars to the Houston and 
Texas Central Railway company on the 13th day of April, 
1857, under which the bonds that constitute said fund were 
taken by the company at a premium of six per cent ; that 
being the rate, at which they were then redeemed at the 
United States Treasury. The other was a loan of sixty 
thousand dollars to the same company, made on the 28th day 
of October 1857, under which, it is presumed that no premium 
will be obtained on the bonds, since it was understood here 
unofficially, on that day, that the United States had ceased 
reducing them. a. premium of five per cent was however re- 
tained, until advices can be received in regard to what 
premium, if any, they bore in New York, when the whole or 
such portion thereof, as may be right, will be returned. 

The Buffalo Bayou, Brazos and Colorado company, applied 
some time since, for a loan of one hundred and fifty thousand 
dollars, and an Engineer was appointed to examine and re- 
port whether the condition of the road was such as to entitle 
the company to the loan, but no report has yet been received. 

The operation of the law, authorizing these loans, has not 
proved as advantageous to our railroad companies, as was an- 
ticipated by its advocate. The amount loaned under its 
provisions is not sufficient to afford them much relief, and they 
cannot readily obtain a second loan after their road has been 
mortgaged to the State. 

The means for grading, procuring the cross-ties and laying 



320 University of Texas Bulletin 

down the iron, can be raised, within the State, by most of our 
roads that are now making any progress, but the iron cannot 
be obtained without money, or such paper as can be readily 
converted into money; neither of these can be obtained from 
our own citizens for any great extent of road ; few of them have 
any money or cash paper beyond what they require for their 
ordinary business, and those who have, find more certain and 
more profitable modes of employing it than investing it in rail- 
road stock, or loaning it for a second mortgage on a railroad. 

It is not believed that any aid, granted to our railroad com- 
panies, short of the means necessary to purchase their iron, 
will enable them to prosecute their roads with a rapidity that 
will meet public expectation. 

Notwithstanding this belief, I am not disposed to recom- 
mend the substitution of any other system for giving aid by 
the State, in the construction of railroads, than that now 
pursued, while we retain in our Constitution its present re- 
strictions upon the power of the Legislature, in regard to the 
subject of internal improvements. 

The present system was adopted after mature deliberations 
and seems to be satisfactory to the great majority of our 
citizens ; it is perhaps as good as any we can adopt without a 
change of our Constitution ; it enables a few companies to 
struggle along' and accomplish something, though it is much to 
be feared that the present embarassed situation of the money 
market will prevent, even these companies, from making any 
progress during the next two years beyond the completion of 
such contracts as have already been entered into. 

Much complaint is made of that provision of this law which 
requires a company to have twenty-five miles graded, in ad- 
vance of that which has been completed, before it is entitled 
to a loan upon any section of completed road, though this pro- 
vision is believed to be the best security the State has for the 
re-payment of the loan, since no road can be completed and 
equipped, twen|ty-five miles in, length, with an additional 
twenty-five miles graded, at a cost of much less than three 
hundred and sixty thousand dollars in actual money ; and such 
an amount cannot be raised and invested in a railroad, at any 



Education in Texas 321 

point in the State, where there is not a certain prospect of 
obtaining sufficient business to make the road undoubted se- 
security for a loan of one hundred and fifty thousand dollars. 
While it is not thought advisable to change this provision, 
there would seem, to be no good reason why a company that has 
received a loan upon twenty-five miles of completed, and 
twenty-five miles of graded road, should not receive a further 
loan upon each additional section of five or ten miles that it 
may complete, without being required to make any additional 
grade in advance. 

Such of our railroad companies as have invested any con- 
siderable amount in their roads, but have failed to comply 
with all the requirements of their charter, or of our laws, for 
the encouragement of their construction, in regard to time, 
would be allow r ed a reasonable extension in all cases, where 
they are not possessed of powers and privileges which are not 
given to all other companies. But where they are possessed 
of such powers and privileges, and extension should be granted 
only on condition that the company consents to such restric- 
tions of its powers and privileges as experience has shown to 
"be necessary for the protection of the rights and interests of 
the State or any of its citizens. 

It is much to be regretted that we did not at first, adopt 
the principle of granting to all our railroad companies, similar 
powers and privileges ; if we had, there never would have been 
any inducement for besetting the Legislative halls with ap- 
plications for extraordinary favors. 

If we would now remove this inducement we ought, as early 
as possible, to bring all railroad charters to the same standard; 
this we can easily do, as companies apply for relief; for there 
are few, if any, that will not require it. 

EXECUTIVE DEPARTMENT, Nov. 2, 1S57 

E. M. PEASE. 1 



l Message of the Governor of the State of Texas to the Seventh Legis- 
lature. 1857, 9-21; Journal of the House, 1857, 29-41; Journal of the 
Senate, 1857, 19-31. 



322 University of Texas Bulletin 

COMMON SCHOOLS OPPOSED TO UNIVERSITY 

The question of establishing the University was urged upon the leg- 
islature by Governor Pease in his message to the Sixth Legislature, 
November 6, 1855. A bill was introduced by the Senate Committee on 
Education for the "creation of a fund for the erection and support of a 
State University." Immediately began an acrimonious debate in both 
the House and Senate which continued with intensity throughout the 
sessions of the Sixth and of the Seventh Legislature. The struggle ter- 
minated in the Bill establishing the University of Texas, approved Feb- 
ruary 11, 1858. In the main there were three parties to the struggle: 
1. Those who contended for two Universities, to be established in East 
and West Texas respectively; 2. Those who wanted but one University; 
3. Those who were opposed to the establishment of any University at 
the time. The third party based their contention upon the greater need 
of elementary Education, and set the advantages of the Common School 
System in sharp contrast to the benefits to be derived from a Univer- 
sity. The discussion consumes many pages, and can be obtained in full 
in Dean Benedict's Source Book. The prominence given to the alleged 
opposition of common schools and higher education requires that sev- 
eral of the more representative discussions should be given here. 

PROCEEDINGS OF THE SENATE 

SENATE, JULY 22, 1856 

STATE UNIVERSITY 



Mr. Armstrong moved to amend the Bill by striking out the 
word "University" wherever it occurred in the Bill and insert 
"Common Schools in the several counties of the State" ; and said 
I have offered the amendment to decide the question whether the 
masses of the people or a few shall be the recipients ef the bene- 
fits of our legislation. Common schools are for the people gen- 
erally. Universities are for those who are most able to pay for 
their education. The Legislature has passed a Bill loaning the 
Common School fund to rail road companies. Now, if this ap- 
propriation for the building of one or two Universities should 
be made, I say let it be loaned to Rail Road companies like the 
Common School fund. Shall our Legislature be thus partial, 
and for the benefit of those who need it least ? It is determined 
that the children of the country are not regarded in comparison 



Education in Texas 323 

with Rail Road loans, to let this fund take the same direction. 
But that amendment was ruled out, and the other is offered 
which gives rise to this discussion. One of the principal objec- 
tions I had to the Loan Bill was its unconstitutionality, which 
does not exist in the counties loaning to corporations. I am no 
advocate of the University system. My plan is first Common 
Schools then Seminaries of learning in the counties. The Com- 
mon Schools above all. Universities are the ovens to heat up and 
hatch all manner of vice, immorality and crime. Where th 
youth is removed from the presence of their parents and 
guardians, they run into every excess and come forth steeped 
in sin and reckless of all consequences. While the youth reared 
in the country, mingling manual labor with his studies, where 
their physical and mental faculties are alike strengthened, cul- 
tivated and developed. Amoug the first class of students, there 
are. some exceptions, but among the last class of students, we 
must look for the heroes and statesmen who shall govern and 
defend our beloved country. When war is the word, then you 
see who does the fighting and suffers the fatigues of marching. 
They come from the masses of the people, and not from the col- 
leges, with few exceptions. In the country schools we find all 
the virtues which ennoble our race taught and practiced. I do 
not say that virtue is wanting in Universities, but I speak com- 
paratively. I say let the system of education be like a pyramid 
beginning at the foundation. General information first among 
the people. Then our liberties as a free people, are safe ; but let 
the masses be left in ignorance and superstition and the educated 
few will soon reduce them to the condition of the down-trodden 
nations of the Old World, who are mere property in the hands 
of those for whom they toil. It was the common schools that 
gave us a Franklin, a Fulton, a Morse, a Greene, a Sherman, a 
JACKSON and a WASHINGTON. The diffusion of useful knowl- 
edge among the people generally should be our first care — discard- 
ing all the useless reading of the age. Of what avail is it that the 
youth can tell you of lost languages or obsolete sciences, or that 
they should puzzle their brains with the visionary theories of the 
ancient schoolmen in trying to discover how they could travel 
from one place to another without passing the intermediate 



32-1 University of Texas Bulletin 

space? Cannot the youth of the country at the school houses 
travel from his spelling book to the celestial mechanics of La 
Place? Is it not as fit a place to learn all things for man to 
know the school houses as the college. I say more so, for there 
are too many allurements and attractions around the fashionable 
and crowded universities for the youth to contemplate upon the 
knotty questions in philosophy and mathematics; not so at the 
school houses. The abatement of universities will send the 
teachers to the schools. Schools in every neighborhood will be 
filled with intelligent teachers and pupils, and the people will 
have among them all the means of useful information, but the 
contrary if the sciences are favored at a few places. It is putting 
it out of the power of the people generally to send off their chil- 
dren to college. They must remain at home to aid their parents 
to obtain a support, while the sons and daughters of the wealthy, 
can enjoy the privilege and receive the benefits of the poor man's 
money in attending these Universities built by the State. Mak- 
ing the poor man contribute to educate the rich man's child 
while his own children labor. Making the poor man subservient 
to the rich, a species of legislation at variance with the prin- 
ciples of a democratic government. I do not speak this to draw 
distinctions, but I must say it is anything but republican and 
democratic. It is a tendency, a leaning to the remnants of ex- 
clusivism, a longing afer the principles of centralism. Our gov- 
ernment is the people, then let our institutions of learning 
and all privileges of free government belong to the people, 
and leave it to the other governments to teach the few 
to rule the many, the few to enjoy the blood and toil of the 
many. I say first common schools, afterwards, and when needed, 
other institutions of learning might be encouraged, but the time 
has not yet come for the university system to be established by 
the State. Let those who have the means and inclination erect 
universities at their own expense for the education of their 
youth. The time may come when the State ought to establish 
such institutions, but I think that period far in the future. I 
differ with the Senator from Brazoria ; he is beginning a system 
of education by erecting an university. Myself by educating 
the children of the country generally. Again, as to the wealthy 
classes of our State, I have no doubt but that class if that meas- 



Education in Texas 325 

lire were left to them they are too patriotic, generous, and public 
spirited to receive the benefits jof such legislation. That class 
would readily dispose of it so as to help those less fortunate. 
We see already that the wealthy class are contributing to th"e 
erection of seminaries and institutions of learning in the towns, 
neighborhoods and cities of our beautiful and thriving State. 
I say that all classes are "giving their aid and encouragement to 
common schools and institutions of learning generally through- 
out, in order that all may be benefited, that the youth of poor 
and rich may be mingled together, form their friendships and 
assimilate their feelings, that the ties of friendship fixed in youth 
may bind them together in age, and that their mutual depend- 
ence on each other may be learned and appreciated. Not sep- 
arate them in their youth so as to render them comparatively 
strangers in after life and without sympathies and regard for 
each other. I say rear them and educate them together, and 
when our common country shall need their aid in the councils 
or battle fields, they will stand side by side animated by the 
same sentiments for the welfare of their common country. 
The Senator from Brazoria argues that erection of univer- 
sities in our own State will dispense with the necessity of send- 
ing our children to the North to be educated, there to receive their 
impressions of the North injurious to the rights of the South, 
to be taught principles at variance with the South. I reply, 
let them have their children educated in the seminaries and 
schools of our State, established and to be established in our 
State without aid. Let them erect such institutions in our own 
State. Those who are able to pay for university education in 
the North are able to apply the same means in our State. Their 
State pride will prompt them without legislative incentives and 
assistance. As to our youth being denied intercourse with the 
people of the North, I differ with the Senator. It is our duty 
to mingle with and associate with our fellow-citizens of the 
North. "We are citizens of one G-overnment, one common coun- 
try. We can best understand our common wants by associating 
together, and regarding each other as belonging to one great 
neighborhood. We ought to encourage by every means the most 
intimate and friendly relations with our brethren of the North. 
Let us inform the various sections of the Union of our common 



326 University of Texas Bulletin 

and separate righis — our common duty, and interest, and mu- 
tual dependence on each other ; and we will be the better en- 
abled to understand our relative rights and duties. And in no 
way can onr friendly relations with our brethren be better 
prompted than by a genial intercourse encouraged by every pos- 
sible means. Let us not denounce in general terms the whole 
North, for it is to the conservative power of the national demo- 
cratic party of the North that we look for the protection of 
Southern rights and the maintainence of the guarantees 
of the constitution. We look to that party for our 
rights, yet we condemn and denounce the whole North. 
We teach doctrines of non-intercourse with the North. 
We would discourage all friendly connections and intercourse 
with the North. Yet we turn to the democratic party in all 
times of trouble. If we by our acts alienate the feelings of the 
people of the North, we may expect nothing from them and then 
will follow in haste the dissolution of the Union with all its 
disastrous consequences. 1 

PROCEEDINGS OF THE HOUSE 

November 24th, 1857. 

SPEECH OF MR. NORTON- ON THE UNIVERSITY 
Mr. Norton said: — 



I repeat, Sir, that it is undemocratic to educate the few at the 
expense of the many. I repeat, Sir, that the money of the people 
should not be so appropriated that all cannot be benefited. And, 
Sir, I regard the declaration of the gentleman from Smith, that 
"if either the high schools and colleges, or the common schools 
had to be given up, he would freely wipe the common schools out 
of existence, ' ' as monstrous ! 

It is true I have no sympathy with such Democracy. 

THE COMMON SCHOOLS ARE THE PEOPLE'S COL- 
LEGES. And, Sir, my Democracy, whether palpable or not, 

1 8tate Gazette Appendix, Vol. 1, Pt. 2, 45-46; Benedict, H. Y. A Source 
Book of the University of Texas, 58-61. 



Education in Texas 327 

would favor the entire appropriation of the fund contemplated 
for the University, to the common schools of the State. I advocate 
the greatest good to the greatest number — the appropriation of 
money directly to the education of the children of the people, 
instead of expending hundreds of thousands of dollars in the 
erection of costly and magnificent buildings alone — "Temples of 
Futurity," the gentleman from Smith calls them — "Temples of 
Futurity," indeed; that in the far distant future, could we but 
lift the veil, we may see the children of my constituents repre- 
sented by other gentlemen upon this floor — the children of the 
poor people of the State of Texas — gathering around the massive 
structure, and upon their bended knees, looking up in wonder, 
amazement and astonishment at the fluted columns and "lofty 
domes and towering spires" of the proud "temple of futurity," 
erected in fatuity by the Legislature of the State, out of the 
money and the substance of the whole people, for the benefit of 
the few rich and well-born ! 

The wildest views seem to prevail in the minds of some of the 
honorable gentlemen as to what should be the course of study in 
this great university. It has even been proposed, that in ad- 
dition to the usual branches taught in our literary institutions, 
there should be provision made for magnificent Law, Medical 
and other departments ! To such propositions I dissent, in toto. 
Let those who may wish to receive what is called the genteel 
polish of a "finished professional education," not call upon the 
people in the humble walks of life, upon whom they may in 
future show their professional skill, in fleecing or physicing, to 
pay for educating them. Let us have no Doctors or Lawyers 
manufactured by a State institutien; and I say it with all be- 
coming respect to gentlemen of the learned professions, God 
knows we have enough of them in the country, with a rising 
prospect of "more of the same sort!" Were it proposed to 
establish an Agricultural Bureau, a measure which my friend 
from Galveston (Mr. Brown) has much at heart, it would not 
be so much out of place, inasmuch as whatever tends to promote 
the success of those engaged in the culture of the soil adds to the 
general prosperity of the State. But there is no such thing 
thought of by those having the management of this great Uni- 



328 University of Texas Bulletin 

versity; it is to benefit those who eat bread, and not those who 
make it. 

I hold in my hand the Governor's message to this honorable 
body, in which he says, ' ' The number of scholars in the common 
schools, reported for 1857, was about 87,000, and the amount dis- 
tributed from the income of the fund was $106,000, being about 
one dollar and twenty-one cents for each scholar." 

How many of this 87,000 of the common school children of the 
State would be benefited by the establishment of this great 
University ? 

By this time next year, there will be 100,000 children attend-' 
ing the common schools — and as each year passes by, there will 
be more and more — the increase never stops. And it so happens, 
in the wise providence of God, to whom he grants not riches he 
grants children in abundance — and for the education of the 
hundreds of thousands of poor children of our rapidly increasing 
State, I plead now to you, and before long they will themselves 
demand their rights. This grand University will confer benefits 
upon the children of the rich — upon the few only. 

I am no enemy to education, collegiate, literary or classical; 
on the contrary, I am glad to see the young striving to obtain 
it. But, Sir, the common school system, perfected as it might, 
and will be in time, will give proper direction to the minds of 
the rising people of our great and growing State, many of whom 
will afterwards avail themselves of opportunities offered by 
Schools of higher order and colleges in their midst. We have 
already colleges and institutions of learning of a high grade in- 
corporated in the State, and to all such I would be willing to 
offer encouragement. Willingly would I aid in the establishing 
and endowing of colleges in various parts of the country. And, 
Sir, by this means we 'would be placing a liberal education more 
nearly within the reach of all the children of the State. 

Much has been said, during this extended discussion, about 
the location of the University — whether it should be East or 
West, at Austin or elsewhere. By the plan I suggest, the "bone 
of contention" would be removed. The people would foster, 
and encourage, and patronize their own home institutions. Those 
who desire to avail themselves of a college course, would find it 



Education in Texas 329 

to their interest to attend the institutions in their own neighbor- 
hood, and this they could do without being compelled to expend 
all their substance and much of their time in traveling hundreds 
of miles to a State University, which, to locate it where you will, 
in a State seven times the size of the largest in the Union, would 
give them generally a distance equivalent to journeying across 
Louisiana, Mississippi and Alabama ! In point of fact, locate it 
as you will, the expense of going to, and of remaining during 
sessions, would place it out of the power of the generality of the 
people of the State to attend it, and, for one, I am not disposed 
to appropriate such a vast sum for the benefit of the sons .of the 
wealthy cotton and sugar planters, and where the boys of the 
humble stock-raiser, the small farmer, and the man of moderate 
means, could not be benefited at all. 

Now, Sir, I have already said more upon this subject than I 
had designed doing, as I simply intended submitting a few 
remarks upon the propriety of postponing the consideration to a 
future day; but having, by frequent interruptions, been thrown 
off my guard, and led to remarks I would not otherwise have 
submitted at this late period, and after such prolonged debate, I 
will briefly direct the attention of gentlemen to another point, 
and one not hitherto alluded to in the discussion, and that is, 
Mr. Speaker, that exclusive State Universities, in this country, 
have not been able to compete with, or in other words, been as 
productive of good results, as colleges established and sustained 
by individual effort, by private association, or denominational 
or sectarian enterprise. Gentlemen favoring the project, during 
their remarks, have poented, with peculiar pride and exultations, 
to the University of Virginia, as the model institution, and one 
of the great literary institutions of the day, which should serve 
as a pattern for our imitation. This, it is claimed, should be in 
several respects the pattern one ; especially has it been men- 
tioned as the object to be established free of all sectarian in- 
fluence. To this, it may be, and has, on the other hand been 
replied, that even this institution in its day, failed to meet the 
expectation of its great founder, Mr. Jefferson. Was it not, let 
me ask, in part, the design to exclude from its professorships 
all ministers of the gospel ! And is it not the fact, that they 



330 University of Texas Bulletin 

have been compelled to abandon this, the favorite measure of 
many of the advocates of this plan? In the various chairs will 
be found Rev. D. McGuffey, of the Old School Presbyterian faith, 
and Rev. Albert Bledsoe, of the Episcopal Church, and others! 

They forget to tell us, too, how small has been the number of 
F. F. V 's in attendance ! And they also seem unmindful of the 
fact that the sons of. the "Old Dominion" have, from time im- 
memorial, been receiving instruction from the time-honored in- 
stitutions of William and Mary, Hampden and Sidney, "Wash- 
ington College at Lexington, and more recently from Randolph, 
Macon, Pomroy and Henry, and their younger sister of Bethany. 
And these various colleges, founded and fostered by pious and 
good men, have contributed more to the diffusion of knowledge 
than the peculiar favorite at Charlottesville. They seem en- 
tirely unmindful of the fact that the first and foremost institu- 
tions of America are the result of private associate enterprise, 
and of sectarian effort. Let me point you to Bowdoin and 
Waterville colleges, Maine; Brown University, Rhode Island; 
Yale and Trinity, Connecticut; Harvard and Williams, Massa- 
chusetts ; Middlebury, Vermont ; Princeton and Burlington, New 
Jersey; Pennsylvania, with her Washington, Jefferson, Alle- 
ghany and Dickinson et als.; New York with her Hamilton, 
Geneva, Union, Columbia, and others ; Ohio, with her Kenyon, 
Miami, Hudson, Wesleyan, et als.; Kentucky, with her colleges 
at Danville, Bardstown, etc. — and so I might proceed enumerat- 
ing the various colleges and universities of like character* in the 
land, which have been founded as aforesaid, and challenge the 
scrutiny and investigation of the honorable gentlemen advocat- 
ing this proposition for one grand State University, to show me, 
in all the States which I have enumerated — in fact in any and 
all of the States in the Union, where like efforts have been made, 
the instances where the special pet, favorite and bantling of the 
State, with all its superior advantages, has turned out better 
scholars, or more of them, to reflect credit on their alma mater, 
and the State at large. 

I hold it to be an utter impossibility to legislate great learning 
and abilities into heads to which God Almighty hath given little 
or no brains. Men make themselves, to a considerable extent, 



Education in Texas 331 

and those of the children of our State who, by dint of a common 
school education, and attrition with their fellow scholars, acquire 
the elementary branches, will soon surpass the more favored, by 
means of higher schools and colleges already in existence in the 
State. Our statute books are full of acts incorporating institu- 
tions of learning in various parts of the State, and many of these 
the result of private enterprise and munificence, have acquired, 
at this early day in the State's history, an exalted position. 
Will the State now adopt a course of policy to break down or 
maim and cripple these institutions? It will either practically 
do this, or it will manufacture, at great expense, a great hum- 
bug ! If the State University should be established, with an ap- 
propriation of one hundred leagues of land and four hundred 
thousand dollars, it must so completely over-tower all other in- 
stitutions as measurably to withdraw public patronage from 
them, or it must be inferior to them, and fail of having that full 
attendance of pupils, which will cause it to be regarded as a 
complete failure! 

Which course shall be pursued by you, gentlemen, that of 
fostering and encouraging those institutions which we already 
have, and inducing the organization of others in different parts 
of our great State, to meet the necessities of the people as they 
may manifest themselves, or that of concentrating, consolidating, 
appropriating, a vast amount of the money of the people to bene- 
fit a select few only ? 

Allusions have been made by several of the gentlemen who 
have preceded me, to the gray-haired and venerable President of 
Austin College, who is now here, soliciting at our hands aid for 
an institution already located and at work disseminating sound 
learning in the country. Shall his petition be heeded, or will we 
turn a deaf ear to the respectful request therefor. We have 
already in our State, in my humble opinion, the germs that may 
produce fruit glorious to look upon, if blessed with seasonable 
relief. Surely those who laud so highly the brave and mag- 
nanimous deeds of the pioneers of Texan civilization and liberty, 
will not be unmindful of the exalted service of Stephen F. Aus- 
tin, the founder of the infant colony, the father of its distinctive 
political existence! To all who thirst and long for an oppor- 



332 University of Texas Bulletin 

timity to show their high regard for literary institutions, I com- 
mend Austin College, at Huntsville, and also can point to many 
other worthy objects in successful operation, such as Baylor 
University, at Independence, Tyler University, in Smith county, 
Forshey's Monumental Institute, at Rutersville, Marshall Uni- 
versity, Aranama College, I believe the Institution in the dis- 
trict in the far South West, represented here by one of the 
brave survivors of Fannin's Massacre, Dr. Bernard, of Goliad, 
Bastrop College, Mackenzie Institute, and others of like char- 
acter, called into being by citizens of the State impelled by a 
laudable desire for the increase of knowledge and the dissemina- 
tion of literature, religion and sound morality throughout the 
land. 

Believing that upon ths education of the people will depend 
the perpetuity of our government, and looking entirely to the 
general diffusion of knowledge for the permanency and pros- 
perity of our Institutions, I will be found ever ready to aid in 
such legislation as will serve to promote this ; and whatever will 
elevate the standard of common school education or promote the 
success of Solleges and Academies already, or that may be here- 
after incorporated, in my humble opinion, should receive en- 
couragement at our hands. 

Having trespassed upon the patience of the members far be- 
yond my expectation upon taking the floor, I can but hope that 
the motion to postpone may prevail, and that upon further dis- 
cussion of this very important subject, we may be enabled to 
adopt that course of policy which will redound the most to the 
credit of the State and the benefit of the people. 1 

AN ACT 

TO BE ENTITLED' AN ACT SUPPLEMENTARY- TO AND AMENDATORY 

OP AN ACT PROVIDING FOR THE SUPPORT OF SCHOOLS, 

APPROVED 29TH AUGUST, A. D., 1856. 

Section 1. Be it enacted by the Legislature of the State of 
Texas: That the fourth section of the above recited act shall 
hereafter read as follows, viz. : 



^State Gazette Appendix, 1857, Vol. 2, 27-29; Benedict, H. Y. A Source 
Book of the University of Texas, 105-110. 



Education in Texas 333 

All schools which avail themselves of the benefits of this 
act, are declared to be public schools; and the County Court 
of each county shall annually apportion the School Fund among 
children of scholastic age, who attend such public schools, in 
the following manner: 

They shall first pay the tuition of all children whose parents 
or guardians are unable to pay the same ; of orphans whose 
tuition has not been paid, and of the children of widows who 
have no greater amount of property than is secured by the 
Constitution and laws of the State from forced sale, and who 
choose to avail themselves of the benefits of this act. 

After paying, as aforesaid, the tuition of those classes of 
children, the balance of the fund shall be apportioned among 
the paying patrons of the several public schools, in proportion 
to the time each child has attended school, without regard to 
• the amount which may have been paid to the teachers by each 
paying patron. 

Sec. 2. The fifth section of the above recited act shall here- 
after read as follows, viz. : 

Every teacher who claims the benefit of this act, shall make 
a report to the County Court, setting forth : 

1st. The names of all the patrons of his school. 

2d. The names of all the scholars who attend his school. 

3d. The number of days which each and every scholar 
has attended school. 

4th. The amount which has been paid by the patrons of 
the school, upon the tuition of each and every scholar. 

5th. The names of all such persons, being patrons of the 
school, as are entitled to the benefits of this act, whether on 
account of inability to pay, or as paying patrons entitled to 
a pro-rata interest in the distribution of the fund. The re- 
port thus furnished shall be examined, revised and corrected 
by the County Court, in such manner as to show with accuracy 
the names of such children as are orphans or the children of 
widows and whose tuition has not been paid, and the names 
of the paying patrons, and the full amount of all tuition money 
paid from allowances, and no school shall receive any benefit 
under this act, which has not been taught at least three 



334 University of Texas Bulletin 

consecutive months, which shall be established by the oath of 
the teacher, sustained by the evidence of two respectable pay- 
ing patrons of the school. 

Sec. 3. The sixth section of the above recited act shall here- 
after read as follows, viz. : 

The county Treasurer of each county shall give bond, with 
two or more securities, payable to the county, in twice the 
amount of the school fund to which the county shall be en- 
titled, so soon as the Chief Justice shall be notified by the 
Treasurer of the State of the amount -which his county is en- 
titled, which bond shall be conditioned that he will, well and 
faithfully, keep an account of the money to him committed, as 
a school fund for his county, and pay over the same only upon 
the order of the Chief Justice of the county, under his hand 
and the seal of the County Court. He shall keep an accurate 
account of all monies received and paid out by him, to register 
and number all orders by him paid or accepted to be paid. He 
shall, between the first and tenth of the fiscal month of the 
Treasury of each year, renew his bond; and all suits upon such 
bonds shall be in the name of the county, and in other respects 
they shall be governed by the laws regulating the bonds of 
County Treasurer. 

Sec. 4. The seventh section of the above recited act shall 
hereafter read as follows, viz., : 

The Treasurer of the State shall be ex-officio Superintendent 
of Schools. It shall be his duty, after the first day of the 
fiscal month, in each and every year, to record the abstracts 
of children of lawful age in different counties, apportion the 
moneys as herein contemplated, distributing to the several 
counties the amount to which each is entitled, according to 
its scholastic population. And it shall be the duty of the 
Treasurer to keep a correct account of all the monies and 
matters appertaining to the school fund, and report to the 
Governor annually, at the close of the fiscal year, the condition 
of the school fund, distribution of monies, and such suggestions 
in regard to the school system as may be deemed advisable. 
That the fiscal scholastic year shall commence and end upon 
the fiscal year of the State Treasury; that the County Court 



Education in Texas 335 

of each county, after ascertaining the scholastic population, 
shall make a return of the same to the State Treasurer, who, 
upon the order of the County Court, under the seal of their 
offices, shall pay over to said County Courts, or their order, 
their distributive shares of the interest of the school fund. 

Sec. 5. That the County Courts shall allow, as the regular 
rate of tuition, a sum not to exceed ten cents per day for each 
scholar who may take the benefit of this act, and the act to 
which this act is a supplement. 

Sec. 6. The amount which any teacher may be entitled to 
receive under the provisions of this act, shall be paid to him by 
the County Treasurer, upon the order of the Chief Justice, and 
when a distribution is ordered among the paying patrons of a 
school under the provisions of this act, there shall be ap- 
pointed by the County Court at least two responsible house- 
holders, patrons of the respective schools, who shall distribute 
the fund to each one entitled under the provisions of this law, 
and make a report of their action to the Court at its next ses- 
sion. 

Sec. 7. In every case where a school claiming the benefit 
of this act is attended by scholars who reside in a county other 
than that in which the school is taught, the teacher of such 
school may report to the County Courts of the several counties 
where the scholars reside, and shall be entitled to a distributive 
share of the county school fund, in the same manner as if the 
school were taught in the county of the residence of such 
scholars. 

Sec. 8. That there shall be appointed by the County Court 
of each county, a Board of School Examiners, consisting of 
three persons, who, shall, upon application, examine all persons 
proposing to teach public schools, within the limits thereof, 
and upon finding, upon such examination, such applicant 
properly qualified to discharge the duties of a teacher, shall 
grant him or her a certificate, stating the branches he or she is 
qualified to teach ; and no person shall draw any of the money 
set apart for school purposes under the provisions of the School 
law, unless authorized, by certificate as herein provided, to 
teach a public school. 



336 University of Texas Bulletin 

Sec. 9. That the eleventh section of the above recited act 
shall hereafter read as follows, viz. : 

The provisions of this act, so far as relates to the appoint- 
ment to be made by the County Courts, shall extend only to 
such children as are actually sent to schools of the State 
within the county ; and no school shall be entitled to the bene- 
fits of this act, unless the English language is principally taught 
therein. 

Sec. 10. That the Treasurer of the State shall furnish forms 
for reports of teachers, and of the several County Courts and 
County Treasurers, Avhich forms shall be followed in making 
their several reports. And the said Treasurer shall cause a 
sufficient number of said forms, together with this law, to be 
printed, as will furnish ten copies for each County Court in the 
State. 

Sec. 11. Any teacher of a public school, who has taught 
the same for three months, and desires to avail himself of the 
benefits of this law, may apply to the County Court in advance 
of the annual apportionment of the school fund to be made by 
them, and, upon such showing as will satisfy the County Court 
that the same can be done without interfering with the annual 
apportionment afterwards to be made, the said County Court 
may order a partial payment to be made to such teacher of the 
amount to which he would be entitled under this law. 

Sec. 12. That this act take effect and be in force from and 
after its passage. 

Approved, February 5, 1858. 1 



r An Act Providing for the Support of Schools, or as much thereof 
as is still in force, Approved August 2$th, 1856. Also, An Act Supple- 
mentary to and Amendatory of an Act to Provide for the Support of\ 
Schools, Approved February 5th, 1858. With Instructions and Forrris 
for the use of School Officers, 7-12; 

GammePs Laws of Texas, Vol. 4, (996-999) ; 

General Laics of the Seventh Legislature of the State of Texas, 
124-127. 



Education in Texas 337 

MESSAGE OF GOVERNOR RUNNELS TO THE 

SEVENTH LEGISLATURE 

December 27, 1858. 

Runnels was governor from December 21st, 1857 to 1861. 
Gentlemen of the Senate and of the House of Representatives: 

The recognition of the principle that the education of the 
youth of the State, as far as practicable, shall be procured at 
the public expense, has been fully established by the Constitu- 
tion in directing the establishment of common schools. That 
system will answer a most desirable purpose as at present 
carried out. The distribution of the fund will greatly aid in 
establishing schools, and it is evident that all will avail them- 
selves of the advantages these schools will afford for the in- 
struction of their chidren, because of their convenience and an 
unwillingness of a large majority to incur the expense of send- 
ing to institutions where a more thorough education can be 
obtained. 

You can, however, expect from these common schools little 
to be taught beyond the rudiments of a plain English educa- 
tion, (consisting of reading, writing, English grammar, and 
arithmetic) which are indispensable to the transaction of busi- 
ness in the ordinary avocations of life, but the question 
naturally arises, will the common school system answer all 
the requirements of our people? I think not. The system is 
incomplete without something more. It has been truly said, 
that the advantages of popular education are more widely 
diffused among the people of the United States than any 
other Government on earth, but that they do not rise in the 
ascending scale, and are found deficient in the higher branches 
of science and literature. The liberality of the early patriots 
of Texas was prompted by a wise and generous policy in pro- 
viding for a system which will ensure the advantages of educa- 
tion, both in establishing a University fund, and in the en- 
dowment of common schools by donations of lands. These 
lands, according to the best information, have been nearly all 



338 University of Texas Bulletin 

located, and especially the University lands are now becoming 
immensely valuable. 

By enactment of the last legislature, these lands were di- 
rected to be sold, preparatory to carrying out the objects for 
which they were intended. I am informed that there has, as 
yet, been no order for their sale, on account of the returns 
of the surveyors not having come in. The sales will probably 
take place some time during the ensuing year. It is now a 
question for the Legislature to determine whether they will 
take the final steps for carrying out the objects of the law. 
If it is ever intended to do so, I cannot see any good reason 
for further delay. The Representatives of the people are 
probably as well qualified for the task at this time, as they 
will be at any future period, and such action seemed to be 
looked to in the passage of the act providing for the sale of 
the lands. The same feeling of discontent and opposition may 
be expected to prevail hereafter, and prevent action as well as 
now. The idea that such an institution will be for the benefit 
of the rich only, and beyond the reach of the poor, is surely 
founded in fallacy, and as conveying a dangerous and im- 
proper feeling of jealousy and prejudice to the minds of a 
portion of our fellow-citizens, should never be encouraged or 
countenanced in a government like ours, based upon the obli- 
gations of mutual rights and mutual dependence. Our pred- 
ecessors legislated for no one class on the subject of Educa- 
tion, but for all, and intended the advantages flowing from it 
to be extended to all; they have provided both a common 
school and University fund, and plainly stated in the acts of 
endowment what they intend. 

But we have no permanent poor class. The large return 
which labor yields, the cheapness of our lands, the beneficence 
of our institutions, all forbid such a result. The poor man of 
to-day may be the rich one of to-morrow; such changes are 
continually going on in our midst. The means then of obtain- 
ing a higher degree of learning in all the branches of educa- 
tion, will be equally in the reach of all, who practice frugality, 
economy and industry. Another reason why we should desire 
the early establishment of such an institution, is to be found 



Education in Texas 339 

in the tendency which it will have to elevate the standard of 
moral and literary excellence, in those who may attend it, and 
in giving tone and character to public sentiment throughout 
the State. If it should be determined at your present session 
to establish the institution, I would suggest the propriety of 
connecting therewith, a Normal School, for the education of 
teachers of the common schools. The tuition to be gratis, 
and the scholars to be selected from the different portions of 
the State in such number and upon such terms and conditions 
as may be provided by law. The studies of this school should 
be prescribed and confined to the useful and practical branches 
of education, not omitting mechanics and agriculture. It is 
easy to perceive the good that may flow from such a branch of 
a University in the number of qualified teachers it would 
afford annually, to every division of the State. It would not 
be amiss to authorize the selection by professors of the institu- 
tion of a small number from this school, to free scholarships 
in the University; the privilege to extend only to those of 
marked virtue and morality, and distinguished for talent and 
proficiency in their studies. Should the Normal branch not 
be established, then a few free scholarships should be provided 
for, to be selected from every portion of the State, and in such 
a manner as may be directed. 

In this connection I would call your attention to the very 
able and elaborate report of James H. Raymond, Treasurer 
and ex-offlcio Superintendent of Common Schools. He sug- 
gests several important and salutary amendments to the law, 
which, from the brief examination I have been able to give, 
seem necessary to perfect and render useful the system which 
has been begun. It is not to be questioned, that the system is 
indebted for its origin to the difficulties which present them- 
selves to the poor and indigent, in obtaining those advantages 
of education which should be within the reach of all ; and that 
construction should be given to the law which will most 
accelerate its object. As will be seen from the report, different 
constructions have been given to the law in various counties. 
The adoption of the suggestions of the report will give it that 
uniformity, definiteness and precision, which is the most that 



340 University of Texas Bulletin 

is now required to perfect the system, as well as it can be 
done, under the means provided for its support at our dis- 
posal. 

\ 

EXECUTIVE OFFICE, 

AUSTIN, DECEMBER 27, 1858. 

H. R. RUNNELS. 1 

MESSAGE OF THE HON. HARDIN R. RUNNELS 
Governor of Texas. 

Printed by Order of the Eighth Legislature, 1859. 

Gentlemen of tJie Senate 

and House of Representatives: 

Some time during the month of July 1858, I received in- 
formation through the Commissioner of the General Land 
Office, of the completion and return of the maps, field notes, 
&., to that office, of the subdivision of the University lands 
under the provisions of the act approved August 30, 1856, re- 
quiring their sale. John Henry Brown, Esq., a gentleman 
fully qualified in every respect, was appointed and received 
his commission on the 30th of July 1858, as the agent of the 
State for the performance of that duty. His report, marked 
"A", is herewith submitted, from which it will be seen that the 
sales amount to 58,523 acres, representing a value of $195,- 
653.22. I invite your especial attention to this report so that 
such Legislation may be had therein as shall be deemed neces- 
sary. There being no appropriation available for the purpose, 
I am constrained to ask the Legislature to make provision at 
an early period of the session for payment of the salary of 
Commissioner, and incidental expenses attending the sale. 
Pursuant to the act of 30th August, 1856, establishing the 
University of Texas, and it now only remains for the Legis- 
lature to take such final action upon the subject as shall be 
thought proper. I do not deem it necessary to remark fur- 
ther — either upon the object or the advantages to be derived 



''Message of Hardin R. Runnels, Governor of the State of Texas, 
Printed by Order of the Seventh Legislature, 21-24. 



Education in Texas 341 

from the location of this Institution in our minds after having 
discussed the matter so fully, soon after my induction into 
office. If I did, I should seek in vain anything more appro- 
priate than is to be found in the report and preamble to the 
act of the last session. Whether the present shall be deemed 
a fit occasion for the permanent location of the Institution, 
must of course depend upon the discretion of the representa- 
tives of the people, who are presumed to reflect most accurately 
their will. If, however, the time should be deemed premature, 
and a further postponement determined on, then it is to be 
hoped no rash means will be adopted blighting the prospects, 
and disappointing the hopes of those who have ever regarded 
the subject with so much anxiety and concern. With sincere 
and heartfelt regret, I have witnessed feelings of mutual and 
sectional hostility springing up in the minds of persons of 
different sections, however unjust in their causes, and per- 
nicious in their effects. If they have been predicated upon 
views of economy, they are alike erroneous and unfounded, 
because the chief property of the Institution consists of land set 
apart, located and surveyed by the authorities of the late Re- 
public of Texas, and which the State now holds in trust for 
this specific object; over which her authorities can rightfully 
t exercise no other control than to provide for its faithful ap- 
plication to the objec.t for which it was set apart. It is not 
the property of the State, except for the uses and benefits for 
which it was appropriated. Again, the establishment of either 
the one or of two such Institutions as was originally intended, 
does not necessarily depend upon the appropriation of a dollar 
from the Treasury. The original fifty leagues of land set apart 
for the purpose by the Texas Congress might be considered 
ample, under wise and prudent Legislation. Taking the sales 
of the past year as a fair estimate of their average value, 
they would now realize near eight hundred thousand dollars; 
and there is every reason for inferring that within the next 
five years those remaining unsold will receive an accession 
to their present value of not less than twenty-five (or perhaps 
fifty) per cent. But in addition to this when it is remembered 
that at the last session of the Legislature, there was super- 



342 University of Texas Bulletin 

added every tenth section of the lands reserved to the State 
surveyed by Railroad companies, there cannot remain a doubt 
of the future sufficiency of the land for any object falling 
within the scope and purview of the Institution. As any action 
which may be taken this session, wnll probably be final, I in- 
vite your most earnest attention to the question of establish- 
ing one or two of these Institutions, hoping that whatever may 
be determined upon will redound most to the public advantage, 
and at the same time secure the fullest measure of satisfaction. 

In taking leave of this subject, I cannot forbear expressing 
the opinion that there is no cause of conflict between the re- 
spective advocates of this measure, and those of common 
schools. They were both provided for by the Congress of 
the Republic, and neither of them have failed to receive a just 
and liberal consideration from the State Government. It can- 
not be believed, that all this has been done without some fair 
understanding, which was observed by the Convention which 
framed our present Constitution, in providing that each new 
county formed thereafter should be entitled to the same 
quantum of land as the old, and one-tenth of the annual rev- 
enue collected by taxation appropriated to the purposes of 
common schools. If there has been any advantage given or 
partiality shown by the State Government, it is clear to which 
it has been without going into detail. It is sufficient that 
good policy be observed, and that justice be done. The 
State occupies the relation of trustee to the property of both; 
each alike present claim to her justice and consideration. 
Then let not her faith be tarnished by a division of the property 
which belongs to one, to the other; a measure which will be 
sanctioned by no principle, either of morals or law. The 
feelings engendered by a controversy between these interests 
if fomented by the Legislature, will result in disaster and 
odium to both, and possibly involve the consequences of that 
system of class Legislation which was guarded against with 
most assiduous care by its framers, and is more to be dep- 
recated than any other arising under free government. 

Our system of common schools, though not extending its ad- 
vantages as thoroughly as could be desired, for want of 



Education in Texas 343 

adequate means, approximates as nearly to the attainment of 
the end desired as any that could be established in a country 
so sparsely populated and undeveloped as ours. From the 
report of the Treasurer and ex-officio Superintendent, it will 
be seen that the sum for annual distribution amounts to $113,- 
609.04 and the scholastic population of the State to 101,081 in 
number which if distributed per capita would be $1.12 1 /2 to 
each. By amendment to the general law, passed at the preced- 
ing session of the Legislature, the mode of distribution was 
changed and the monies directly applied to the poor and in- 
digent ; and if this class does not now receive the benefit of its 
disbursement, ignorance or wilfulness can be the only cause. 
I can see no reasonable objection to a continuance of this 
plan for the present, and at least until the sum for disburs- 
ment shall have been largely increased. The foundation of 
the system rests in the policy of providing the means of edu- 
cation for the dependent and indigent, and although strenu- 
ously objected to by those most urgent for the early inaugura- 
tion of the system, this plan has been found, from the experi- 
ence of two years, to be the only one from which practical 
and beneficial results are to be expected. It is not for those 
who are able to provide for the education of their own children 
to object, since the means by which it is maintained have been 
set apart by the constitution and subsequent law, without the 
imposition of any new burden upon the people for its support ; 
and these it is hoped, will not be resorted to by this or any future 
Legislature. An increase of taxation for this purpose would 
be not only useless but oppressive and unjust ; useless because 
in pursuit of an idle and impracticable theory which an in- 
crease of the present rate of taxation three-fold would not ac- 
complish in our present local and geographical condition ; op- 
pressive and unjust because inequitable in the manner of its 
collection and distribution. It must be clear to every one that 
there are no means within the reach of the Legislature at 
present by which a thoroughly efficient fund can be provided 
for general distribution without such an abuse of the taxing 
power as the productive interests can not well withstand, 
and which, if resorted to, will be endured with the greatest 



344 University of Texas Bulletin 

impatience. I have never believed that there was any validity 
to the objection to the annual distribution of the ten per cent 
of the revenue collected by taxation and set apart to this 
object. Under the present law, the interest only is appro- 
priated, and the principal set apart for investment. It is 
worthy of consideration, whether this should not be changed, 
and the $31,000 annually accumulating from the annual taxes 
of the people, given that direction so plainly intended by the 
Constitution. 

Nearly one-half of the two millions appropriated, the inter- 
est on which is set apart for purposes of education, has now 
been loaned to Railroad companies, and drawn from the Treas- 
ury under the Act of September 1856, and although secured 
by bond and mortgage on the road beds, it is useless to deny 
the truth that a feeling of insecurity pervades a large portion 
of the public mind. This grows out of the apprehension that 
the companies will not meet their engagements promptly, and 
that the Legislature may at some subsequent period relieve their 
condition, and finally, under the pressure of complications, 
relinquish both principal and interest to the corporations. This 
apprehension is, strengthened by the example of other States 
in a similar condition, as well as by the past action of our own 
Legislature, both of which afford sufficient premonition of the 
danger to be incurred. It is a fact not to be questioned by 
any discriminating and informed mind, that the influence of 
the corporations is greatly on the increase, and that perhaps 
it already exercises a more controlling effect on the legislation 
of the State than all others combined. Viewing the subject in 
this light myself, I feel it to be my bounden duty to recom- 
mend, if possible, some measure which will prevent, by any 
possibility, the occurrence of such a calamity. No other pre- 
sents itself to me than an amendment to the Constitution pro- 
hibiting the interposition of the Legislature for their relief. 
This is a question which appeals so directly to every feeling 
of self-preservation and duty, to every sentiment of philan- 
throphy, patriotism and justice, that I can see no good reason 
why it should not be submitted to the people for their action. 
It is true the corporations may oppose it, but surely they can- 



Education in Texas 345 

not be sufficiently strong thus early to exercise a controlling 
influence over the action of the Legislature on this subject, or 
to endanger its adoption, if submitted by that body to the 
people. In conculsion of this important matter, I have only 
to add, that if it be deemed worthy of consideration it should 
not be delayed beyond the termination of your present session. 
The subject of internal improvements, and especially that 
branch of it which relates to the building of Railroads, con- 
tinues to increase in importance, and will do so until the wants 
of our varied commerce and agriculture shall have been sup- 
plied with the facilities of ready transportation to market. 
Continuously and in regular progression for the past six or 
eight years private interests have from different motives been 
involved, until there is now good reason for the opinion that 
there are few counties in the State, some of whose citizens are 
not directly and personally interested in some one or other of 
the Railroad schemes projected in different portions of our 
State. These in connection with the fact that the State is 
representing in her behalf the whole people, and upon certain 
prescribed conditions, is become the greatest contributor, 
should afford sufficient incentive to induce your most calm and 
deliberate consideration of the whole subject. 1 



REPORT OF THE STATE SUPERINTENDENT 

Treasurer's Office, 

Austin, Sept. 1, 1859. 
To His Excellency, H. B. Runnels, 

Governor of the State of Texas : 



I do not approve of the practice of changing our laws by suc- 
cessive Legislatures; nevertheless, it is always advisable to make 
such changes as wisdom and experience may dictate. 

Under the present system the "indigent" are the beneficiaries 
of the School Fund; and this, of itself, is reason enough why 
it should be continued. 

^Journal of the House, 1859, 26-30. 



346 University of Texas Bulletin 

Thousands of poor children are annually thrust upon society, 
who, if not cared for, and educated, often become the veriest 
pests of society, and fill our prison-houses with wretchedness, 
and our penitentiaries with degraded convicts. Let us educate 
such children, and store their minds, in early youth, with the 
principles of virtue, and, doubtless, many of them will become 
ornaments of society. 

It seems to me that we should, by all means, continue our 
present system ; improve it as experience may suggest, and make 
such additions to the fund as sound policy may dictate, and in a 
few years we will be able to educate every child in the State. 

We are fairly and fully committed to the support of common 
schools ; we cannot retreat from our present position, nor can we 
stand still. Let us, therefore, labor for a glorious future. 

No people can become prosperous and happy without a vir- 
tuous education. It is admitted by all philosophers that "virtue 
and intelligence are the main pillars in the Government of a free 
people." All agree that "nations are happy and prosperous in 
proportion as they possess virtue and intelligence." 

Very little can be accomplished by penal enactments against 
vice and crime — the legitimate fruits of ignorance. These, and 
all the means of coercion, in the form of jail, &c, are powerless 
without the aid of higher instrumentalities. 

I cannot close this report without calling attention to the 
propriety of creating the office of Superintendent of common 
schools. Such an officer would materially aid the cause of edu- 
cation. It seems to me we need an officer whose whole time 
should be devoted to the advancement of our common school 
system ; to collect statistics ; visit as many counties as possible ; 
confer with teachers, patrons and such others as may be willing 
to communicate information. The additional expense would be 
trifling consideration compared with the good results that would 
follow. 

Very respectfully, 

Your obedient servant, 
C. H. RANDOLPH 
Treasurer and ex-off. Sup. C. S. 1 



^Report of the Treasurer and ex-officio Superintendent of Common 
Schools, of the State of Texas, for the fiscal year ending August 31,. 
1859, 6-7. 



Education in Texas . 347 

EXTRACTS FROM REPORTS OF COUNTY COURTS 
BOWIE COUNTY. 

''I do not feel competent to make suggestions relative to the 
working of the School law; at least, I would make them very 
moderately. 

"As the law works at present, I am of opinion that much the 
largest portion of the School Fund finds its way into the pockets 
of those amply able to pay for the schooling of their children; 
at least that has been the result with us, and if the restricting 
it to the exclusive benefit of those unable to pay would have the 
effect of inducing competent teachers to go into remote distances 
and dark corners, it would be well that it was so arranged. 

"Where the 'Almighty Dollar' is, men gravitate that way. 
True, that as the law is, that class is to be first paid, but if they 
were the only class to be paid, would not the Fund accumulate 
so as to produce the result"? 

R. M. LINDSAY, 
Chief Justice Bowie County. 

BRAZORIA COUNTY. 

"It will be seen that 159 children of scholastic age were 
taught in Brazoria county during the scholastic year ending 
August 31, 1858, of whom fifty-five were of that class designated 
by law ' unable to pay ', and that the whole amount in the County 
Treasury for distribution — less the commission — was consumed 
in payment of this class, leaving nothing for 'paying patrons.' " 

S. W. PERKINS, 
Chief Justice Brazoria County. 

CASS COUNTY. 

"I would recommend that the Special School Fund should be 
set apart for the benefit of the indigent. 

"There is a large number of paying patrons that receive less 
than fifty cents each, and some that draw only five cents. 



348 University of Texas Bulletin 

"It is the universal opinion of every person that I have con- 
versed with on the subject, that it would be better if the Fund 
was set apart for the benefit of the indigent and them alone, it 
would do some good; whilst on the other hand, it does the pay- 
ing patrons very little or no good at all." 

CHARLES AMES, 

Chief Justice Cass County. 1 

COMAL COUNTY. 



"An allowance of eight and a half cents per diem to all 
schools, without distinction, for each child exempt from paying 
under the different classifications, having taken almost the whole 
amount this county received as its portion of the School Fund, 
no pro rata apportionment has been made of the small balance, 
$20.70, but it was deemed advisable to lay it over for next year's 
distribution. In order to ascertain the ability or inability of 
patrons to pay, the tax roll has been consulted, and lest any of 
those who would legally come under the head of 'indigent,' 
should feel any reluctance to avail themselves of the benefit of 
the law, inquiries were instituted as to their individual views 
on the subject, when several refused to be classed as unable to 
pay. Then, only, were the teachers required to swear to the cor- 
rectness of their report. 2 

GUADALUPE COUNTY. 

"It is to be regretted that the Act of February 5th, 1858, in 
the first Section, is not more definite as to who are 'patrons un- 
able to pay.' 

"The County Court of this county understood the inability 
referred to, to be such a lack of good things of life, as would 
secure the patrons from execution for tuition; but the letter of 
the law does not confine this inability to the possession of no 
more than the law exempts from execution; and the County 



Ubid., 26-27. 
'Ibid., 27. 



Education in Texas 349 

Court of this county felt very sure, in several instances, that the 
teacher, in making his tabular statement, had put his own con- 
struction upon this section of the Act. It seems that the law- 
ought to be amended in this particular, so as to require the 
patron, who claims by virtue of his inability, to make oath in 
writing before some officer, that he possesses no more than the 
law exempts from forced sale. This would relieve the teacher 
of a delicate and disagreeable task. Not only so, but it would 
secure, with much greater certainty, the just amount due those 
who are truly the beneficiaries of the law. The Act of 1858 ex- 
tends full benefit to 'orphans whose tuition has not been paid,' 
without regard to the estates of such orphans. This, it seems, is 
a preference of a class without any good reason, and is an in- 
justice to poor 'paying patrons' and 'patrons unable to pay.' 

"The first Section of the Act of 1858 is very obscure, and if 
on no other account than this, should be amended. 

"Further than the objections above stated, the County Court 
of this county finds nothing to say against the school law ; but 
on the contrary, esteem it full of very good common sense." 

HENRY MANEY, 

Chief Justice Guadalupe Co. 

FAYETTE COUNTY. 

"We are aware of the fact, that it is exceedingly difficult to 
enact a school law that would meet the views of all localities, 
even in a State much smaller than our own, and that it requires 
not only a very extensive knowledge, but a peculiar talent to fit 
a man for the task of maturing a good system of public schools, 
and we are of opinion that the best method to attain the desired 
end, would be for the State to employ a Superintendent of 
public schools, at a salary sufficient to enable him to devote his 
entire time to the subject, and also to secure the best talents the 
State can afford. He would then be enabled to visit the dif- 
ferent sections of the State — and it should be made his duty 
to do so, and learn the wants, condition and necessity of the 
people. We think the State would be fully compensated for the 
necessary expenditure, and if it was thought advisable, after a 



350 University of Texas Bulletin 

system had been matured and put into practical operation, the 
office might be dispensed with. 



"By the first section of the amendatory Act of February 5th, 
1858, the County Courts are required 'to apportion the School 
Fund among the children of scholastic age, ' in accordance with 
the provisions of said act. We are satisfied that this provision 
is calculated to create dissatisfaction, jealousy and heart-burn- 
ings among the citizens of the county. In the first place, it is a 
violent presumption to suppose the County Courts to possess a 
personal knowledge of the pecuniary condition of every indi- 
vidual in the county, and we have found by experience that the 
assessment roll is but a secondary evidence, and that of a very 
inferior quality, hence, the County Courts must depend in a 
great degree upon the reports of the teachers, and it seems that 
neither teachers nor patrons consider themselves as testifying 
to the inability of any one to pay who is returned on the list as 
indigent, and the fact that it is a convenient method of collect- 
ing tuition fees, together with a desire to please their patrons, 
perhaps superinduces some teachers to crowd as many on the 
indigent list as possible. Some of the teachers have remarked to 
us in conversation about their reports, that they place such and 
such individuals on the indigent list, because they themselves 
desired to be placed there. It will thus be seen that the unprin- 
cipled, and those who are destitute of that personal pride which 
should mark the character of every citizen, are the ones who are 
most likely to receive the benefits of the Fund. Under the oper- 
ation of this section (as will be seen by our report) we have just 
distributed $1,614.66. Of this amount three beats alone have 
received $1,087.79, leaving the sum of $526.87 to be distributed 
among nine beats, one beat, containing a voting population of 
eighty or ninety, which according to the usual average, would 
give a free white population of near four hundred and fifty, 
has not received a dollar, yet that beat needs the Fund as much 
in proportion to its population, as any beat in the county. The 
three beats above referred to, contain about half the population 
of the county, and much more than half the wealth, and need the 



Education in Texas 351 

School Fund as little in proportion to population, as any other 
parts of the county. From these, and other reasons that might 
be urged, we are of opinion that the County Courts should be 
required to distribute the Fund among the different beats in 
proportion to the scholastic population of each. This might be 
accomplished by allowing each beat to select three School Com- 
missioners, and in the event of their failure to do so, then make 
it the duty of the County Court to appoint three Commissioners 
for each beat so failing. These Commissioners should appoint 
one of their number as Treasurer, who should be required to 
give bond to the County Court for the faithful performance of 
his duties." 



I. B. McFARLAND, 

Chief Justice Fayette County. 



LEON COUNTY. 

"Our schools are rather partially organized as yet. Some 
neighborhoods have no schools organized, being too thinly set- 
tled, so there is not much equality in the distribution at this 
time. It is to be hoped that it will be remedied as the county 
becomes more densely settled. As we have had the money in the 
Treasury, I could not object to its being appropriated to educa- 
tion, but would never consent to tax men for that purpose. Men 
should educate their children in their own way, with their own 
means. Means should be raised for the indigent children, but 
no farther. 

I think for the honor and benefit of the State we should have 
a University. ' ' 

ISAAC F. WOOD, 

Chief Justice Leon County. 

LIBERTY COUNTY. 

"As there was money sufficient to pay ten cents per day for 
the tuition of all the children, who attended school, we have 



352 University of Texas Bulletin 

made no distinction between "indigent," and "paying" scholars 
in this report." 



VICTORIA COUNTY. 

"It will be perceived that only three schools in this county 
have returned their tabular statement and claimed the benefit of 
the amendatory act of February 1858. There are other schools 
in the county which have either no indigent children in attend- 
ance, or which have not been required by those patronizing them 
to comply with the statute. Hence, our pro rata distribution it 
will be seen, reaches ten cents per day for paying patrons to 
those schools which have availed themselves of the law. The 
county court of this county are of opinion that six years is too 
young, for any, or much benefit to the recipients of this bounty ; 
they may be disciplined somewhat, but very little instruction 
is imparted at so early an age; eight or nine years would be 
young enough to start them — they are chiefly the children of 
German parents with us that make up the indigent list. 

"The 1st section of the amendatory act, provides, that the 
tuition of children whose parents or guardians are unable to 
pay, shall be paid in full, i. e., ten cents per day ; that the tuition 
of orphans which has not been paid, shall be paid in full, or 
the same pro rata per day. Did the Legislature intend that the 
tuition of orphans in independent circumstances should be paid 
when the guardian had not paid ? for no payment will ever 
be made, however wealthy the children, if the obligation rests 
on the county court to pay it out of the fund provided by 
the State." 

WILLIAM RAGLAND, 
Chief Justice Victoria County. 1 

MUNICIPAL EFFORTS TO ESTABLISH SCHOOLS 

AN ACT 

To authorize the Corporation of Galveston to levy 

a tax for the support of Free Schools. 

Section 1. Be it enacted by the Legislature of the State of 
Texas, That the corporation of the city of Galveston, are hereby 

HUd., 29-37. 



Education in Texas 353 

authorized to levy and collect a tax, not to exceed one-half of one 
per centum on the real estate within the limits of said corpora- 
tion, for the establishment of public free schools. 

Section 2. Be it further enacted, That the schools above pro- 
vided for, shall be under the supervision of a board of trustees, 
three from each ward, who shall be the payers of the school tax, 
at the time of the municipal elections, (except the first board, 
who shall be elected under the proclamation of the Chief Justice 
of the county, within ten days after his reception of an official 
copy of this act,) and that the mayor of said corporation, shall 
be ex-officio chairman of the board of school trustees. 

Section 3. Be it further enacted, That at the same time when 
the first election for trustees, under the previous section is held, 
.a poll shall also be held, at which the holders of real estate shall 
be permitted to express their assent to, or dissent from the pro- 
visions of this act, and if more than one-fourth" of all the votes 
given at such poll, shall be against the same, this act shall there- 
after be null, and of no effect. 

Section 4. Be it further enacted, That this act shall take 
effect from and after its passage. 

Passed, April 2nd, 1846. 1 

AN ACT TO ESTABLISH AND INCORPORATE THE 
CITY OF CORPUS CHRISTI. 



Sec. 8. Be it further enacted, That the Mayor and aldermen 
shall be ex-officio the agents, overseers, and superintendents of 
the Common School or Schools that may be established in said 
city with full power and authority to expend annually all such 
funds as may be raised or received by taxation, or otherwise for 
the establishment and support of said school or schools. 

Approved, 25th April, 1846. 1 

AN ACT TO ESTABLISH PUBLIC FREE SCHOOLS IN THE 
COUNTY OF GALVESTON. 

Section 1. Be it enacted by the Legislature of the State of 
Texas, That the County Court of the County of Qalveston, shall, 



'Gaminel's Laws of Texas, Vol. II, (1437). 



354 University of Texas Bulletin 

at the time they levy a county tax, add thereto a tax for the sup- 
port of Public Schools hereby established in said county, on all 
real and personal property liable to taxation for State and 
county purposes in said county, and it shall be assessed and col- 
lected by the Assessor and Collector of State and County taxes 
at the same time and in the same manner that the county taxes 
are ; provided, that said tax shall not exceed in any one year, the 
fourth of one per centum on the value of the property taxed. 

Section 2. - Be it further enacted, That each Ward in the City 
of Galveston, shall constitute a School District, and shall be en- 
titled to two School Trustees; and all that part of Galveston 
Island not embraced within the corporate limits of the City of 
Galveston, shall constitute a school district, and shall be entitled 
to two trustees; and all that part of Galveston county lying 
North and West of Galveston Bay, shall constitute a school dis- 
trict, and be entitled to one trustee ; and all that part of Galves- 
ton county lying Bast and North of Galveston Bay, shall consti- 
tute a school district, and shall be entitled to one trustee. 

Sec. 3. Be it further enacted, That all the qualified electors 
for the county of Galveston, shall be entitled to a vote for school 
trustees in the respective wards or precincts where they reside; 
and the board of trustees shall be elected for the term of two 
years, excepting as hereinafter provided, to-wit: the first board 
of school trustees elected in pursuance of this act, at their first 
meeting and organization, shall cause the trustees from each 
ward or precinct having two trustees, to determine by lot the 
time they shall serve, so that the first class, or one from each 
ward or precinct shall go out of office at the termination of the 
first year ; and the second class at the termination of the second 
year ; and the Chief Justice of Galveston County shall order all 
elections for school trustees, and to fill vacancies to take place on 
the first Monday in the month of March of each year, excepting 
the first election held under this act, which shall be ordered to 
take place within twenty days after a certified copy of this act 
is in the hands of said Chief Justice ; and all the trustees elected 
at the said first election, shall continue in office until their suc- 
cessors are duly elected at the annual election in the year eigh- 
teen hundred forty-nine ; and said elections for school trustees 
shall be held at such places in each ward or precinct herein 



Education in Texas 355 

named, as shall be designated by the Chief Justice in ordering 
elections, and shall be governed by the laws of the State regulat- 
ing general elections so far as the same are applicable hereto. 

Sec. 4. Be it further enacted, That the Chief Justice of Gal- 
veston County, shall be ex-offieio President of the Board of School 
Trustees, and shall preside at all of the meetings of the board 
when present ; but in case of absence, refusal or inability to pre- 
side, the board shall elect from their own number, a President 
pro tempore, to preside and to perform all other duties incum- 
bent on the President of the Board of school trustees; and in 
case of any other vacancy in the board, by resignation or other- 
wise, the board shall fill any such vacancy, until the next annual 
election for school trustees from the qualified electors in the 
ward or precinct where the vacancy occurs. 

Sec. 5. Be it further enacted, That the board of school trus- 
tees shall have the supervision and control of the public schools, 
and they shall mate such rules and by-laws for their own gov- 
ernment, and that of the schools, as they may deem best, and 
alter and amend the same at their pleasure ; and it shall be the 
duty of the board of school trustees, to report annually to the 
County Court, at least three days before the time of levying the 
tax, provided for in the first section of this act the condition of 
the public schools; the number of pupils admitted and instruct- 
ed; the average number that have attended the schools; the 
number of teachers employed; the various branches of learning 
taught in the schools the preceding year; also the amount of 
revenue received, and from what source; the amount expended 
and in what manner ; and they shall, also, submit an estimate of 
the cost of conducting the schools for the ensuing year, on the 
most economical plan; and it shall be the duty of the board of 
school trustees to keep a record of their proceedings; and such 
record shall be open to the inspection of any school tax payer in 
the county of Galveston at all times, and any five members of 
said board of school trustees shall constitute a quorum, and shall 
have full power to transact all business appertaining to said 
board. 

Sec. 6. Be it further enacted, That the Trustees of the public 
schools shall establish in each ward or precinct at least one pri- 
mary school, provided, that there can be assembled conveniently 



356 University of Texas Bulletin 

in said ward or precinct a school of twenty-five pupils or up- 
wards, and that a suitable building can be procured in the ward 
or precinct, for their accommodation; and further provided, 
that in case either of the precincts lying North and West of Gal- 
veston Bay, and East and North of Galveston Bay, as specified 
in section second of this act, shall fail or refuse to assemble the 
number of pupils herein required to constitute a school, then 
said precinct or precincts shall be exempt from taxation under 
the provisions of this act. 

Sec. 7. Be it further enacted, That every minor or child over 
five years of age, and under sixteen years of age residing in 
Galveston county, may be admitted on such terms and regula- 
tions as may be adopted by the board of school trustees, into the 
public schools herein provided for, and shall enjoy the. privileges 
and immunities of said schools. 

Sec. 8. Be it further enacted, That the County Court for the 
county of Galveston, may, from time to time, so alter and 
change the school districts in said county as they may deem best, 
provided, that said change shall tend to equalize the population 
in each district, and render it more convenient for the citizens, 
and that no greater number of districts be made than are pro- 
vided for by this act; and said County Court shall also have 
power to borrow money in anticipation of the school taxes for 
the current year, to carry on the schools until the taxes are as- 
sessed and collected; and it shall be the further duty of the 
County Court to notify the board of school trustees, so soon as 
they have levied the tax for the support of the public schools 
for the year, of the amount of revenue that may be reasonably 
expected from said tax; and it shall also be the duty of thd 
County Court to see that all funds belonging to, and appro- 
priated for the support of the public schools, and placed in the 
hands of the County Treasurer of Galveston County; and it 
shall be the duty of said County Court to take ample security 
for the same. 

Sec. 9. Be it further enacted, That all payments to teachers, 
and for incidental expenses of said schools, shall be made by a 
draft on the County Treasurer, signed by the President of the 
board of school trustees, and countersigned by one or more of 
the committee of accounts, which committees shall be erected as 



Education in Texas 357 

a standing committee, whose duty it shall be to examine and 
audit all accounts, and every draft shall be accompanied by a 
specification, designating what the same was drawn for. 

Sec. 10. Be it further enacted, That at the same time when 
the first election is held for school trustees as contemplated and 
provided for in the third section of this act, polls shall also be 
held at which every qualified voter for county officers for Gal- 
veston shall by vote, be permitted to express his assent to, or 
dissent from the provisions of this act; and in case a majority 
of the votes then given in, shall be against the same, this act shall 
thereafter be of no effect. 

Sec. 11. Be it further enacted, That all laws, and parts of 
laws, that in any way conflict with the provisions of this act be, 
and the same are hereby repealed, and that this act take effect 
from and after its passage. 

Passed, January 24, 1848. x 

AN ACT AUTHORIZING THE TRUSTEES OF THE SEVERAL 

SCHOOL DISTRICTS OF THE SEVERAL DISTRICTS OF 

COMAL COUNTY TO LEVY AND COLLECT A 

SPECIAL TAX FOR SCHOOL PURPOSES. 

Section 1. Be it enacted by the Legislature of the State of 
Texas, That the County Court of the county of Comal, are hereby 
authorized and required to levy in the several School Districts 
of said county, a special tax for school purposes : Provided, 
That the inhabitants of each district to be taxed, shall consent 
to such taxation by a vote as prescribed in the second section of 
this act: and provided further, that said tax shall not be of 
greater amount in any district than the State tax. 

Sec. 2. That it shall be the duty of the Chief Justice of said 
Comal County to order an election at any time within three 
months after the passage of this act, at which election a vote of 
the inhabitants of each School District in the county shall be 
taken; those in favor of the tax to vote "for the special school 
tax" and those opposed thereto, to vote "against the special 
school tax;" returns of such election shall be made to the Chief 
Justice within ten days thereafter; and in those districts in 



Caramel's Laws of Texas, Vol. 3, (331-334). 



358 University of Texas Bulletin 

which a majority of the votes cast shall be for the special school 
tax, a tax shall be levied and collected agreeably to the first sec- 
tion of this act, and in those districts in which a majority of the 
votes cast shall be against the special school tax, no such tax 
shall be levied. 

Sec. 3. That the taxes herein before provided for shall be col- 
lected by the Assessor and Collector of said Comal County, in 
the manner in which other taxes are collected, and that when 
collected, he shall pay the same to the County Treasurer, whose 
duty it shall be to pay the sum collected in each district to the 
trustees or other persons having supervision of the public schools 
of said District : Provided, This law shall not apply to the prop- 
erty of non-residents of the county. 

Sec. 4. This act shall take effect from, and after its passage. 

Approved February 4, 1856. 1 

AN ACT TO INCORPORATE THE GERMAN FREE SCHOOL 
ASSOCIATION OF THE CITY OF AUSTIN. 

Sec. 1. Be it enacted by the Legislature of the State of Texas, 
that Wm. Von Kosenberg, Charles Pressler, Joseph Martin, H. 
Steussy, Dr. J. A. Brown, Wm. Sattler, Chr. "Wilhelm, be and 
they are hereby incorporated a body politic under the name and 
style of Trustees of the German Free School Association, capable 
in law of suing and being sued, of pleading and being im- 
pleaded, of holding property real, personal and mixed, of the 
value of twenty thousand dollars and no more, of selling and 
conveying the same at pleasure, of having a common seal, of do- 
ing and performing whatsoever else may be proper and neces- 
sary to be done for the advancement of said Institution, not 
contrary to the laws and constitution of this State. 

Sec. 2. That this charter and privilege shall extend to said 
Trustees and their successors in office, for such time not exceed- 
ing twenty years from the passage of this Act, as they confine the 
operations of the same, and the benefits thereof to the education 
of youth, the promotion of useful knowledge and the advance- 
ment of the sciences; and the said Institution shall be accessible 
to all alike without regard to religious opinions. 



'Gammel's Laws of Texas, Vol. 4, (256.) 



Education in Texas 359 

Sec. 3. That the Trustees of this Association shall be elected 
by the members of the Association, as the By-Laws may prescribe. 

Sec. 4. That the members of the Association shall have full 
power to enact such By-Laws, rules and regulations, for the gov- 
ernment of said Association as may deem to them necessary 
for that object. 

Sec. 5. That the Free School herein created, shall be located 
in the City of Austin, Travis county, and that this Act take effect 
and be in force from its passage. 

Approved, January 19, 1858. 1 

AN ACT 
TO INCORPORATE THE NEW BRAUNFELS ACADEMY. 



Sec. 5. That the corporate authorities of the city of New 
Braunfels, shall have authority in their discretion, to levy and 
collect a special tax upon all persons and property within the 
corporate limits of said city, and subject to taxation by the 
State, for the support of the Institution hereby incorporated, 
and the preparatory schools herein provided for, which tax shall 
not in any year exceed the rate of the State tax for such year, 
and shall be levied and collected in like manner as other cor- 
porate taxes of said city, are, and when collected shall be paid 
over to the Treasurer of said institution. 

Sec. 6. That this Act take effect from and after its passage, 
and shall continue in force for twenty years and no longer. 

Passed, February 5, 1858. 2 

AN ACT TO AMEND THE 5TH SECTION OF AN ACT TO INCOR- 
PORATE NEW BRAUNFELS ACADEMY, PASSED FEB. 5TH, 1858. 

Section 1. Be it enacted by the Legislature of the State of 
Texas, That the 5th section of an act to incorporate New Braun- 
fels Academy, passed Feb. 5th, 1858, be so amended as to here- 
after read as follows : Sec. 5th. That the corporate authorities 



'Gammel's Laws of Texas, Vol. 4, (1223-1224.) 
2 Gammel's Laws of Texas, Vol. 4, (1273-1275.) 



360 University of Texas Bulletin 

of the city of New Braunfels shall have authority in their dis- 
cretion to levy and collect a special tax upon all persons and 
property within the corporate limits of said city, and subject to 
taxation by the State for the support of the institution hereby 
incorporated, and the public schools of the city of New Braun- 
fels, which tax shall not in any year exceed the rate of State tax 
for such year, and shall be levied and collected in like manner as 
other corporate taxes of said city, are, and when collected, shall 
be paid over to the Treasurer of the county, and by him paid 
over, pro rata, to the different public schools of the city of New 
Braunfels, in proportion to the number of pupils taught therein. 

Sec. 2. This act to take effect from its passage. 

Approved Nov. 14th, 1864. 1 

AN ACT 

TO CREATE THE COUNTY OF LIVEOAK, AND ATTACH IT TO 

THE FOURTEENTH JUDICIAL DISTRICT. 

Section 2. That John Powell, George W. Wright, Wm. Gam- 
bell, Henderson Waller, D. L. Wood, N. Gussett, James B. Lewis, 
and James M. Grover, be and they are hereby appointed com- 
missioners to locate the county site of said county, and that they 
may purchase, or receive by donation, any number of acres of 
land not exceeding six hundred and forty on such terms as they 
may arrange, for the use of said county and shall proceed to lay 
off two hundred acres of said land into suitable town lots, and 
after selecting and setting apart such lots as may be necessary 
for Court House, Clerks Offices, Jail, Churches, School Houses, 
Burying Grounds, and other public purposes ; they shall proceed 
to sell the remainder, or 

Section 9. That the Assessor and Collector of San Patricio 
County, and of Nueces County, shall respectively make out and 
transmit to the State Treasurer, on or before the first of October, 

1856, that portion of the scholastic population returned for 1855 
and 1856, and on or before the first of October, 

1857, that portion of the scholastic population returned for 1857, 
which by this act becomes attached to said new county, and the 

H-ramme'l's Laws of Texas. Special Laws, Vol. 5, (842). 



Education in Texas 361 

apportionment of the school fund therefor shall be drawn by said 
county, as provided for by law. 

Approved, February 2nd, 1856. 1 

AN ACT 

TO BE ENTITLED AN ACT TO INCORPORATE THE 
FREESTONE SCHOOL ASSOCIATION. 

Section 1. Be it enacted by the Legislature of the State of 
Texas, That S. G. Grayson, W. L. Moody, Joseph Moreland, T. R. 
Jefferson, John Carner, W. F. Daniel, Dunbar Bragg, L. D. 
Bradley, J. C. Walker, John F. Huckaby, David H. Love, J. G. 
Mayo, A. Owen, C. T. Echols, and W. A. Milner, their associates 
and successors, be, and are hereby constituted a body politic and 
corporate, by the name and style of the ''Freestone School As- 
sociation" with power to sue and be sued, to plead and be im- 
pleaded, and generally to do and perform all such acts as bodies 
politic and corporate of like character may generally do and 
perform. 

Sec. 2. Said corporation may have a seal, and purchase and 
own, and have power to dispose of property, real and personal, 
to any amount, not exceeding fifty thousand dollars in value. 

Sec. 3. Said persons, constituting said corporation, may open 
books of subscription of stock in shares of fifty dollars each, and 
any person subscribing such sum shall be a stockholder, and en- 
titled to one vote to every share by him subscribed. 

Sec. 4. Said corporators and stockholders may at any time 
after the passage of this act, elect fifteen of their number as 
directors, who may pass such by-laws as they deem proper for 
their government not inconsistent with the laws or constitution 
of this State, or of the United States, and may establish such 
rules and regulations as they deem proper relating to the gov- 
ernment or control of such institution of learning as they may 
establish. 

Sec. 5. Said corporate body may keep a record of their pro- 
ceedings, under whatever by-laws they may think proper to pre- 



'Gammel's Laws of Texas, Vol. 4, (234-236). 



362 University of Texas Bulletin 

scribe, a certified copy of which, signed by the secretary, under 
the corporate seal, shall be evidence of such proceedings. 

Sec. 6. The board of directors shall be annually elected by a 
majority of the stockholders, and have power to grant diplomas 
to all pupils who may be deemed worthy, and in addition to the 
powers herein granted, and in explanation thereof, may do and 
perform all acts necessary to put in operation, and perpetuate a 
first class female institution of learning. 

Sec. 7. That this act take effect and be in force from and 
after its passage. 

Approved, February 13, 1858. 1 

THE CONDITION OF CULTURE ABOUT 1850 

In general it may be said that contemporary writers paid but slight 
attention to educational conditions. There were, however, a few authors 
who recorded their observations, one of them listing the educational 
institutions of Texas in considerable detail. 

GENERAL EDUCATIONAL INTEREST 

W. B. DEWEES 

W. B. Dewees was an early settler in Texas but his statement of 
conditions was rather too optimistic. 

Columbus, Texas, 

January 3, 1850. 

My Dear Friend : — 



The cause of education prospers. Much has been done for the 
advancement of education by the people of this State; schools 
have been established, school-houses built, and competent and 
faithful teachers employed to enlighten and instruct the minds 



Gammel's Laws of Texas, Vol. 4, (1302-1303). 



Education in Texas 363 

of the rising generation. Every person is interested in this great 
cause, and we are determined that our children shall be educated. 



Your affectionate friend, 
W. B. D. 1 
TEXAS IN 1850 

MELINDA RANKIN 

Miss Melinda Rankin wrote several books on Texas, and was one of 
the most intelligent observers of educational needs. For several years 
she taught at Huntsville and later established a school at Brownsville. 
She has the distinction of being the first Protestant Missionary in 
Mexico, if not in any Latin American country. 



Were a New England traveller to pass through Texas, his 
curiosity might be excited ; not, however, on account of the bar- 
ren and unproductive wastes of land which might meet his view, 
but the great scarcity of Churches and School houses might at- 
tract his attention and be the subject of his inquiries 

Institutions for literary and moral instruction are in operation in 
various parts of the State, in different stages of progress. In 
many places, the school house and church of God are found side 
by side, showing that education and religion are twin sisters, and 
should not be dissevered. Much destitution yet exists, but the 
disadvantages attending a new country afford some grounds of 
excuse. It is evident, however, that Texas has not done as much 
as some other countries have, under the same circumstances. Did 
these objects hold as high a place in public estimation as they 
ought, those buildings for moral and intellectual improvement 
would oftener greet the eye of the traveller than they do now. 2 

Education is receiving a good degree of attention in Texas, 
but the country is not sufficiently supplied with teachers or such 
as are regularly taught in their profession. The great scarcity 

^ewees, W. B. Letters from An Early Settler of Texas. Compiled 
by Cara Cardelle, 307. 

2 Rankin, Melinda, Texas in 1850, 39-40. 



364 University of Texas Bulletin 

in the State often obliges the people to employ those who are not 
competent to assume the important responsibility of instructing 
the youthful mind. Public sentiment is, in a measure, awake to 
the importance of securing good teachers; and sufficient induce- 
ment, in the way of pecuniary compensation, is extended, to en- 
courage a greater emigration than has been hitherto. As few 
school teachers are manufactured in the South, the North and 
East is the source from whence the supply is to be expected. 

A broad field presents itself into which a host of laborers 
might enter and cultivate with advantage and success. Those 
persons who conscientiously feel the important responsibility 
attached to youthful instruction, and are desirous of finding lo- 
cations of extensive usefulness, could not fail of meeting with 
abundant success in Texas. 

Who among the- highly favored of New England's products 
will come and cultivate the rich soil -of Texan mind ? The in- 
dividual enterprise of intelligent and self-sacrificing teachers is 
demanded in behalf of educating the youth of this interesting 
and important State. Are there not those who will volunteer 
their services to advance an object so important as this ? A moral 
and intellectual influence would pour forth its genial rays, did 
New England feel and act as her means warrant her to do. 
Would her seminaries and literary institutions send more of 
their educated sons and daughters abroad, great good would be 
the result. 

An important obligation imposes itself upon the North to aid 
the educational interests of the South. The alliance of common 
interest demands a co-operation in promoting those institutions 
which have for their object the general good. The educational 
interests of the United States, as a whole, should be taken into 
consideration; and those States which have long felt the benign 
influence of science and literature, should feel themselves bound 
by duty and obligation to extend those influences into less fa- 
vored portions of country. 

No person reared and matured amid the institutions of the 
North can conscientiously disregard the duty of imparting an 
influence which may be felt for good in less favored portions of 
the Union. It becomes necessary for the different parts, to 



Education in Texas 365 

prompt, encourage and aid each other in matters of general 
interest. 

For a people who wish to perpetuate and consolidate their 
Union, a fraternal fellowship in all matters pertaining to their 
institutions, must be manifested. Motives sufficiently powerful 
to excite the philanthropic feelings of all those who regard the 
best interest of their fellow being, are presented, for them to use 
the means within their power for the promotion of objects which 
must necessarily reflect the influence imparted them for the good 
of the country and world at large. 

For education to be upon an improved and elevated plan, it 
appeals, loudly, to be extended to all classes, and embrace the 
general instruction of the youth of the land. 

Throughout every part of the United States, such a school 
system should be adopted and established, as will lay a broad and 
respectable foundation for the instruction of the great body of 
the people. Such a measure would rescue the poor from ig- 
norance, and would ultimately free the country from those con- 
sequences which every enlightened republican ought most to 
dread and deplore. The establishment of schools by law over. 
Texas, would greatly conduce to promote the happiness and per- 
petuate the liberties of the people. 

The happy effect of such schools, has been demonstrated by 
experience, in various parts of the United States, and their adap- 
tation to this rising State, every person, who consults its best 
interests, must admit. 

Education will be limited, as is proven in all countries where 
the free school system is excluded, to only the favored part of 
community, which are blessed with the means, while the poorer 
class grow up in ignorance, unfit for society, or any degree of 
usefulness in the world. The brightest geniuses may remain 
buried beneath the rubbish of ignorance, which under the bless- 
ings of the free school system might have been brought out and 
received a polish, whose brightness would have been a blessing 
to the world. 

How much of the mental power of the rising generation of 
Texas is to be left uncultivated, is for the rulers of this interest- 
ing State to decide. 

It is very evident that it is indispensable to the well being of 



366 University of Texas Bulletin 

this growing State, to disseminate knowledge, and cultivate the 
full amount of its mental strength. It is a startling fact that the 
human mind cannot remain inert. The mental energies of free 
born Americans must necessarily become aroused and developed, 
and are available for good or for evil. It has been very justly 
observed that "uneducated mind is educated vice," and it may 
be found that more expensive means will be required to punish 
crime, (the necessary result of ignorance,) than to educate the 
youth of Texas in the paths of virtue and knowledge. 

The machinery of popular education properly set to work 
would operate as a mighty instrumentality in advancing moral 
elevation, by approaching the mass of hidden intellect in the 
land, and most effectually manufacture the rising generation 
into useful and virtuous citizens. 

The hopes of a country, its liberty, and all that makes it great 
and durable, can never fail, when its youth have been properly 
trained and educated. 

An immediate action of the legislature in the appropriation 
of means which it possesses, for establishing and supporting 
•free schools, might settle a point upon which are suspended 
interests of deep and lasting importance to Texas. A delay in 
rendering the matter still more impracticable, and the future 
prospects will become darker and darker. Unless this subject 
receive attention in the early condition of a country, it rarely 
ever acquires that estimation and permanency, which it does by 
growing up in the practice and blessing of it. Obstacles present 
themselves in every important undertaking, and require an ef- 
fort in surmounting, and in this, the object might, with much 
propriety, demand an extra effort. It must be an object of leg- 
islative provision. Reliance cannot be had on the resources of 
individuals. 

However much the popular mind may be impressed with the 
importance of such an institution, a limit is placed, which can 
lonly be removed by those who are called to legislate. Other 
subjects of importance claim the attention of the legislature, and 
it seems that. the neglect of action upon this subject is an undue 
estimate upon objects according to their comparative importance. 

It may be thought a degree of arrogance and presumption to 
carry the suggestion on this subject any farther; but waiving an 



Education in Texas 367 

extreme sensibility and reserve, we shall farther suggest the 
propriety of inserting an extract from the governor's message, 
which will give an exhibition of the matter, as it is viewed by 
his Excellence. 1 



For education to answer its great end it must be evangelized. 
We cannot look to denominational enterprises to accomplish this 
work. Prejudices would debar the attempt of inoculating with 
any particular creed. Though denominational enterprises of 
an educational character are not to be disparaged, yet they can- 
not be relied on, as being sufficient to meet the demand of a 
people, as various in sentiment as are found in Texas. 
. "While we look to our literary institutions to educate the in- 
tellect, the more elevated training of a religious education is 
found in the Sabbath School. . 2 



Booksellers might do extensive business in all the important 
towns of Texas, and if of the right kind, would do much good in 
promoting a moral sentiment among the people. An improve- 
ment in the way of text-books for schools is evidently demanded. 
Among the many causes which should operate in Texas for in- 
creasing the well-being of society, that of enlarging the useful- 
ness and operation of schools, by a judicious assortment of books, 
presents a claim upon the consideration of the public generalh r , 
and especially of the friends of education. 

A great deficiency is felt by those who have the care of schools 
in Texas, and it is a matter of much importance to the educa- 
tional interests of the State, that an immediate improvement be 
made, by introducing a uniform system of books that may serve 
as a standard, which are elevated in moral sentiment as well 
as literary merit. It appears that this subject has not been suf- 

^ere follows a quotation from the address of Governor Wood. 
Ibid., 42-47. 

2 IMd., 51. Here follows an extensive statement of Sunday school 
work, newspapers, libraries and reading. 



368 University of Texas Bulletin 

ficiently appreciated from the number and variety of poor school 
books which are extant. The difficulty of obtaining suitable books 
is probably the cause of this defect, and therefore appears the 
importance and necessity of booksellers being encouraged, as 
harbingers of a more correct system of education, than has hith- 
erto been enjoyed. 

Among the duties of the guardians of public education, it is 
one thing to provide the ways and means in support of the 
cause, another to obtain competent teachers, and last to furnish 
them, as you would the mechanic or artist, if you expect the best 
result from their labors, with proper tools and materials — that 
is to say, with the best books. Money lavished in the purchase 
of inferior books is not only lost, but that time which is the most 
precious to the young for improvement, is gone, and cannot be 
redeemed. ' ' 

Every good teacher is aware of the importance of placing the 
best school books, and none other, in the hands of his pupils. 
On the fitness of these assistants in the business of educating, 
depends much of the ease and success of his labors. Though the 
good instructor will doubtless accomplish much in the use of even 
poor books, his success must be greater and more easily attained 
by the aid of good ones. 

The Eclectic Educational Series is believed to be, as a whole, 
better suited to the wants of intelligent educators, in the present 
advancing state of primary education, than any similar series 
yet published, and any efforts to extend its use into our schools, 
is a real service to the cause of education itself. 1 



SAN AUGUSTINE UNIVERSITY AND WESLEYAN COLLEGE 

However dark such spots appear upon the moral face of San 
Augustine, the town has many valuable and worthy citizens who 
look with abhorrence upon deeds of base immorality. At 
present its population numbers about five hundred. 



A great degree of enthusiasm prevailed some few years since, 
Ubid., 61-63. 



Education in Texas 369 

on the subject of education, which led to the erection of elegant 
buildings for school purposes, and which might, as far as ele- 
gance and convenience are concerned, be made subservient to 
schools of the first order. By the appropriation of public lands, 
funds of several thousand dollars were raised by which a ' ' Uni- 
versity building" was erected sufficiently commodious for the 
several departments of one of the best conducted institutions. 
\ It went into successful operation under the superintendence of 
Professor Montrose, a teacher of high respect, upon the union 
system and promised great good to the town and vicinity. Had 
it continued upon the principle upon which it was commenced, 
the "University" of San Augustine might have stood, in point 
of popularity and usefulness, by the side of any other institution 
in the South. But, unfortunately, the spirit of division arose, 
the development of which blasted and crushed the fairest pros- 
pects. An effort was made by Rev. Mr. Russell to resuscitate 
the interests of the institution; who, with a complete and thor- 
ough education, an extensive Chemical and Philosophical ap- 
paratus, and an adaptation to the art of teaching, might have 
been a very profitable and efficient agent in promoting the cause 
of education. Party spirit, however, had so gotten the start that 
his efforts were unavailing, and upon the altar of maintaining 
the truth, he fell a victim under mysterious circumstances, which, 
perhaps, only the final exhibition of human affairs, will fully 
satisfactorily develop. 

Amidst the scene of contention and strife the Methodist de- 
nomination conceived the design of a College, and proceeded, 
forthwith, in carrying the object into execution. Agents, for 
the collection of funds were despatched to various places, who 
succeeded in raising the necessary amount to erect a college 
building, to which was given the distinguished appellation, "Wes- 
tleyan College." A board of Professors were obtained, and the 
institution went into operation, under very auspicious circum- 
stances, promising much future good in the promotion of the edu- 
cational interests of San Augustine. After a short and transi- 
tory day of prosperity, however, this luminary, which had just 
begun to cast its gladsome beams abroad, sunk beneath a dark 
and gloomy horizon, and nothing now remains but a dilapidated 
edifice to show that there ever existed an institution for the cul- 



370 University of Texas Bulletin 

tivation of the arts and sciences. Amid the darkness of the pres- 
ent, hope would fain indulge the idea, that over those desolations 
may yet arise that literary sun, and commence again its revolu- 
tions to bless the youthful mind and intellect of San Augustine. 

There is no better teacher than experience, and, oftentimes, 
mistakes serve to give the best lessons. It is evidently exerting 
such an influence in San Augustine. The people are fully con- 
vinced that party spirit is not a principle which secures the 
prosperity of the moral and educational interests of any com- 
munity. A unanimous feeling is manifesting itself by efforts on 
the part of the citizens to have those institutions revived. Only 
occasional schools have been had for three years past; but the 
Trustees are exceedingly desirous of obtaining a regular board of 
teachers for both institutions. Perhaps no situation in the 
State offers better inducements for well qualified teachers, than 
San Augustine. 

The country is thickly settled by a wealthy class of citizens; 
a satisfactory amount of patronage could be obtained, and a very 
reasonable compensation would be realized. It is to be hoped 
that this place may come under the consideration of those per- 
sons who are desirous of promoting the educational interests 
of Texas. 1 



It is often remarked in country settlements, that expense has 
been bestowed, sufficient to have given children and youth good 
educations, who scarcely had attained the first elements of the 
common branches, with any degree of accuracy. 

Here suggests one of the advantages which would occur from 
the public school system of education, in which the necessary 
qualifications of school teachers is so much a matter of consid- 
eration, that no individual is permitted to assume the important 
responsibility of instructing the youthful mind, without having 
passed a careful and judicious examination. 2 



l iUd., 101-104. 
'Ibid., 106. 



Education in Texas 371 

NACOGDOCHES 

Nacogdoches, like San Augustine, has been a scene of con- 
tentions in regard to schools, not however to that extent. Those 
conflicts have retarded somewhat the educational interest of 
Nacogdoches, but have been in a measure counteracted. A very- 
commodious and respectable building was erected some years 
ago, in which have been schools of considerable importance, and 
at present a school is in operation under the supervision of com- 
petent teachers, and which is exerting a salutary influence upon 
the town and community. 

The population is between five and six hundred.' 



DOUGLAS 

A very good degree of attention is paid to education ; though 
there is no regularly endowed institution, yet schools are usually 
sustained, and have been, hitherto, conducted by very efficient 
teachers. A very consistent order of things is observed, the 
people of Douglass have less occasion for censure than many 
other towns. 2 



MARSHALL, AND HENDERSON 

The religious and educational advantages of Marshall are su- 
perior to most other towns in Texas. The society is refined and 
intelligent, and all the privileges and advantages are enjoyed 
there, which are found in the older States. Its location is pe- 
culiarly favorable to its prosperity, which, combined with the 
public spirit of the citizens, will no doubt render Marshall one of 
the most important towns of Texas. 

Henderson, in Rusk county, is also an interesting town. Its 
situation is pleasant, and the appearance of the town is rapidly 
improving. The vicinity abounds with beautiful lakes of trans- 



HUd., 108. 
*IMd,, 109. 



372 University of Texas Bulletin 

parent water, which, combined with other delightful scenery, 
renders Henderson a most desirable place of residence. The 
present population numbers about one thousand, and a very un- 
animous sentiment prevails in advancing the best interests of 
community. 

The recent location of a Seminary of learning, under the 
patronage of the Methodist Episcopal Church, is a favorable in- 
dication of the future literary character of Henderson. An in- 
stitution established at such a healthy and eligible point, pat- 
ronized and supported by the Conference and the Church, will 
be an important acquisition to the community, adding greatly to 
the prosperity of the town. It is to go into operation as soon as 
the necessary arrangements can be made. 1 



LARISSA COLLEGE 

Larissa is also the seat of a seminary of learning, under the 
control of the Cumberland Presbyterian Church. It is quite a 
popular institution, and bids fair to do much in promoting the 
cause of education in this part of the State. 2 

PALESTINE 

A great degree of interest is manifested in the cause of edu- 
cation, and a very laudable effort was made for securing the 
location of the Methodist institution, recently established at 
Henderson. The people of Palestine made a very liberal contri- 
bution, but the town of Henderson, possessing the advantage, was 
able to send up a more liberal proposition, and secured its loca- 
tion. 

The many advantages which Palestine possesses, render it a 
very suitable situation for a literary institution. 

HIGHER EDUCATION FOR WOMEN 

One of the objects to be brought about for the benefit of Texas, 



Hbid., 112-113. 
Ubid., 115. 



Education in Texas 373 

is the planting of a Female Seminary of high order, at some 
favorable point of the State. As yet, there is none upon that 
elevated place, which secures to young ladies a complete and 
thorough course of education. It becomes highly necessary at 
this period of improvements, that vigorous efforts should be put 
forth, to rear such an institution at as early a clay as is prac- 
ticable. It might, perhaps, be proper to invite attention to Pal- 
estine, it being near the centre of the State, and easy of access 
from every part, and confident as we are, that the citizens of that 
region would contribute liberally in aid of an object so vastly 
important. 

The location of a regularly endowed institution in this beauti- 
ful and salubrious section of the State, is an object well worthy 
the attention of the friends of female education. The grand de- 
sign should be, to bring the means of a thorough intellectual and 
moral education within the ability of all classes, the tendency of 
which would be, to elevate the standard of female education, 
which, from misapprehension of its importance, or from other 
causes, has not been made in Texas as prominent an object as its 
importance demands. Hitherto, it has been very much of a su- 
perficial character, not so much, perhaps, in consequence of the 
means used during the course of education, as from the limited 
time which is usually devoted to its acquirement. 

The idea that the intellectual powers of young ladies become 
developed, disciplined and educated, during the short period 
which is usually devoted, is utterly absurd ; and any one ac- 
quainted with mind and its operations would deem it entirely 
insufficient for securing the important acquisition of a complete 
education. 

A mere smattering of the sciences does not constitute an edu- 
cation, nor does crowding the mind with scientific facts; but an 
expanding and training of the intellectual faculties, by which 
they become disciplined for proper investigation and exercise 
in the various duties and departments of life. This high attain- 
ment, however, consists not entirely in the cultivation of the 
mental faculties, but requires a harmonious culture of the benev- 
olent affections and moral feelings. Contracted and insufficient 
is that system of education which does not cultivate the heart, 
bringing into due regulation the passions, emotions and desires, 



374 University of Teaxs Bulletin 

and a full recognizance of the supreme authority of conscience 
over the whole intellectual and moral system. 

That education be upon an important and elevated plan, it 
appeals for more efficient and systematic measures than those 
hitherto employed in Texas. To obtain this object, successfully, 
a regular and systematic course should be pursued, and the want 
of an institution whose system of arrangements embraces these 
important considerations, is sadly exhibited by the superficial 
character of the acquirements of females who have emerged into 
society under the guise of educated and accomplished ladies. 

That female education answer the design, three years added 
to the usual course alloted in Texas would not more than secure 
the object. An institution, mainly intended for instruction in 
the higher departments of education, would require a prepara- 
tory course for admission, after which the transforming and. 
moulding influence of three years' discipline and instruction 
might justly entitle young ladies to the appellation of accom- 
plished scholars. The happy results of such an institution, must 
manifest itself to every reflecting mind. 

It is certainly important that this subject should receive as 
much attention in Texas as elsewhere ; and there is scarcely a 
State in the Union which has not its seminaries of an elevated 
character; and why should not Texas have similar? The well- 
being of this new and interesting State requires that the impor- 
tant element of power, female influence, should receive the neces- 
sary preparation for the extensive sway it is destined to exert 
over society. This subject is one of vital importance to the in- 
terests of a country, which, if duly considered, would not be 
regarded second to any other. 

Let female education be duly appreciated, and its elevation be 
made an object of general interest and attention, an element of 
power is thrown into society which must exert a powerful in- 
fluence in the preservation of all those important objects which 
constitute the grace and charm of refined and happy life. . . . 1 

MIDDLE TEXAS 

Nothing can be more manifest, than that middle Texas is. 



Ubid., 115-119. 



Education in Texas 375 

rapidly improving in population and wealth, and presents a most 
ample field for industry and enterprise. Yet in the midst of such 
general and increasing prosperity, it is to be regretted that 
there is not a corresponding interest upon the great subjects of 
the mental and moral improvement of the population. A trav- 
eller, recently, examining this portion of the State, in reference 
to these subjects, thus writes: "The fact is, (and the sooner it is 
known and felt the better for the permanent welfare of the 
State) on the great subject of education in the most comprehen- 
sive sense of the word, we are not, as a people, doing what we 
should do. A very large majority of the rising generation of 
middle Texas, now growing up in our midst, are entirely desti- 
tute of school instruction; and yet these are the persons, upon 
whom will soon devolve the duty of electing all our officers, from 
the judges of our highest courts down to the lowest office. Ought 
not the minds of persons who are to be clothed with so much 
power to be enlightened? And yet, in many of our counties, 
common schools cannot be found. In many neighborhoods the 
Sabbath school is the only means of instruction afforded — and 
yet this is the great State of Texas, concerning the general in- 
telligence of whose citizens we are wont to boast so much, and 
this is the State which aspires to become the empire State of the 
Southwest. Verily, it is time we were doing something more 
than making constitutional enactments and legislative appro- 
priations in behalf of education." 

Many parts of middle Texas, however, are manifesting very 
laudable exertions for the extension of education, but as a gen- 
eral thing, not adequate to the wants of the population. Sev- 
eral important institutions of learning, are located in the differ- 
ent towns, conducted in a manner calculated to exert a salutary 
influence upon the rising generation. Much remains to be done, 
however, in order that this portion of Texas may extend the 
means of education to every youth within its borders. Present 
and prospective resources would justify an enlarged and compre- 
hensive system of education and duty most imperiously enjoins 
strenuous efforts for the advancement of knowledge in equal ratio 
with other departments of improvement. Those great highways 
of intellectual and moral culture, high and common schools, must 
be opened in town and country, in order to secure that honor 



376 University of Texas Bulletin 

and prosperity which should characterize an enlightened and 
christian people. 1 



CINCINNATI 

(Cincinnati) During- the last year a building has been erected, 
designed both for school and Church purposes, in which a school 
has gone into operation, conducted in a manner calculated to 
exert a favorable influence upon society 

Nowhere do institutions for moral improvement so quickly 
manifest their fruits as in Texas. It seems but necessary to set 
the wheel in motion to secure that co-operation requisite for its 
onward course. This fact evinces the spirit of the people for 
favoring those objects which have for their design moral and 
intellectual improvement. 

The Sabbath school cause in particular meets with universal 
approbation wherever it is introduced.- 



HUNTSVILLE 

The educational interests of Huntsville have not been regarded 
as a secondary object. The early attention of the citizens to the 
erection of suitable buildings for schools, and a judicious dis- 
crimination in the selection of teachers, have advanced the youth 
of Huntsville to a higher point of literary acquirements than is 
usually found in Texas. 

Its future prospects are highly promising, on account of the 
recent location of a. college, under the auspices of the Presby- 
terian church. A charter was granted during the last session of 
the legislature, under the appelation of "Austin College," and 
the buildings are to be erected as soon as practicable. This in- 
stitution originated, mainly, through the influence of Rev. Daniel 
Baker, D. D., whose beneficent labors for the good of Texas, are, 
in a very important degree, felt and appreciated 

It is a cause of general interest to Texas, and should elicit a 
general co-operation. The present population will not justify 



'Ibid., 129-130. 
2 Ibid., 136-137. 



Education in Texas 377 

institutions to be purely and exclusively of a denominational 
character. The cause should be regarded as sacred, involving 
the general interests of community, both moral and intellectual, 
and ought not to be marred by the least appearance of sectional 
feeling or prejudice. 1 



ANDERSON 

An incorporated Institute, under the supervision of efficient 
teachers, has given the town and vicinity a good degree of emi- 
nence in point of education. 



BAYLOR UNIVERSITY AND RUTERSVILLE COLLEGE 

Good schools have been in operation some years in Washington, 
and the present indications for education are very promising. 

Some twelve miles from Washington, in the same county, is 
the town of Independence, whose chief celebrity consists in being 
the location of the ' ' Baylor University, ' ' a seminary of learning 
under the control of the Baptist Church. This institution was 
founded in 1845, principally through the influence of the indi- 
vidual whose name it bears. The prosperity with which it has 
been attended affords an evident manifestation of Divine favor 
in its behalf. The circumstances under which it commenced were 
not of an auspicious character. In a building the cost of which 
did not exceed $200, it went into operation; and such has been 
the success which has attended it, a more extensive system of ar- 
rangements has been found necessary, and buildings at the ex- 
pense of $50,000, are in the course of being erected, part of. which 
are already completed. A regular endowed College is contem- 
plated, and Professorships are to be endowed at the next con- 
vention of the Baptist Church of Texas. There is an Educational 
Society, and a Theological department connected with the insti- 
tution, and several students in the course of preparation for 
the ministry. 

We congratulate this enterprise, and hail it as the harbinger 



Vbicl., 142-143. 



378 University of Texas Bulletin 

of similar institutions coming up in aid of supplying the State 
with an efficient ministry of home production. All denomina- 
tions must do something towards educating laborers for their 
own State. It will not do to rely mainly upon the north for aid. 
With all the assistance the north and east can render in the way 
of furnishing ministers and teachers, there is an ample field, un- 
occupied, to employ all that can be educated at home. Texas has 
to perform an important part in furnishing evangelists for Mex- 
ico, and other unevangelized countries. Hence the importance 
of building up literary and theological institutions throughout 
the State. 

The public institutions of Texas involve important considera- 
tions, and immeasurable is the responsibility resting upon those 
who manage them. The church and country are in a peculiar 
manner interested in their character and influence. 

May the "Baylor University" prove a copious fountain of 
living water, sending out its streams in every direction to fer- 
tilize the land, and extend its influence into every department 
of life. 

West of Independence, in Fayette county, is the small but 
pleasant town of Rutersville, named for the lamented Dr. Ruter. 
This town also is the seat of a flourishing College under the 
patronage of the Methodist denomination. 

This institution was chartered and went into successful opera- 
tion in 1840, and has maintained an uninterrupted career of 
usefulness to the present period. It has imparted the benefits 
of education to more than eight hundred of the youth of Texas. 

With its pleasant and healthful locaition, its able board of 
instruction and numerous friends, it is destined to exert an im- 
portant degree of influence in promoting the cause of education. 

Wes't of Rutersville, on the Colorado river, is La Grange, sit- 
uated in the midst of a beautiful and fertile region of country. 
This town is proverbial for its unparalleled beauty, on account 
of its local situation, and the taste and neatness of its arrange- 
ment. 

Its eligible situation gives it a commanding prospect. The 
surrounding country opens up to view, clothed in beauty unsur- 
passed. Three or four miles from town is a bluff of pure chalk, 
whose cliffs present their snowy whiteness to the view of the 



Education in Texas 379 

surrounding region, with an appearance which bespeaks loudly 
of the natural products of the country, and the valuable re- 
sources which are waiting to he developed and rendered sub- 
servient to the purposes for which nature designed thern. 

The vicinity of La Grange is hallowed by the interment of 
several American soldiers, who were massacred by the Mexicans 
during an invasion in 1842. A monument is about to be erected 
to their memory. La Grange is situated in a healthy region of 
country, and supported by a dense population on all sides. The 
population, which numbers some six or eight hundred, is com- 
posed of a wealthy and intelligent class of citizens, whose enter- 
prise and public spirit are advancing the town rapidly in im- 
portance. 

A nourishing school, under the auspices of the Cumberland 
Presbyterian Church, has been in operation during the last year 
with good success. Under the supervision of Mr. Montrose, a 
teacher who has done much for the cause of education in Texas 
this institution will continue, no doubt, to enjoy a favorable 
comparison with the most important institutions of the State. 5 

LITERATURE. 

F. L. OLMSTED 

Mr. Olmsted was a German from New York who traveled through 
Texas in 185 6. He was a keen observer. 

In the whole journey through Eastern Texas, we did not see 
one of the inhabitants look into a newspaper or a book, although 
we spent days in houses where men were lounging about the fire 
without occupation. One evening I took up a paper which had 
been lying unopened upon the table of the inn where we were 
staying, and smiled to see how painfully news items dribbled 
into the Texas country papers, the loss of the tug-boat "Ajax," 
which occurred before we left New York, being here just given 
as the loss of the ''splendid steamer Ocax. " 

A man who sat near said — 

"Keckon you've read a good deal, hain't you?" 

"Oh, yes: why?" 



'Ibid., 149-152. 



380 University of Texas Bulletin 

"Reckoned you had." 

"Why?" 

"You look as though you liked to read. Well, it's a good thing. 
S 'pose you take pleasure in reading, don 't you ? ' ' 

"That depends, of course, on what I have to read. I suppose 
everybody likes to read when they find anything interesting, 
don 't they ? ' ' 

"No; its damn tiresome to some folks, I reckon, anyhow, 'less 
you've got the habit of it. Well, it's a good thing; you can 
pass away your time so.". 1 

THE TROUBLES OF A SCHOOL MASTER 

He starts out to make up a school, in which he hopes he will 
be able to instruct the rising generation in the principles of 
science and morals, and thereby make an honest living for him- 
self and, as a dutiful citizen, improve the condition of society. 
He meets with Mr. A., states his business and requests his 
patronage. Mr. A. politely asks him what he can teach, and 
what evidence of good moral character he can show. Being 
satisfied on these points Mr. A. expresses his pleasure, assigns 
the articles of agreement, puts as many students as he has, and 
wishes the school master success, profit and pleasure. Not far 
off lives Mr. B., to whom the teacher is referred. On approach- 
ing Mr. B. and stating his business, Mr. B. raises his head, 
looks as independent as a lord, and with the importance of a 
horse jockey, asks: "what's your price." Being politely an- 
swered, and the price not corresponding with his views of valu- 
ation, replies: I won't stand no sick prices; I can git a man to 
work hard all day for less than half that, and I'm not gwin to 
gin that to a man to do nothing but set up in de house and do 
nothing but lam children. But as I don't want to be contrary, 
I'll send sum ef you get a school, ef you'll take sumthing besides 
tiiunny for pay, but I won't sign; so you may go and see the 
rest,. . . .Mr. C, by-the-by, is a good, easy man, in easy circum- 
stances, asks no questions regarding character, qualifications or 
prices ; puts down his name and two students, says he expects to 
send more, and directs the teacher to Mr. D. The teacher is met 



Olmsted, P. L., A Journey Through Texas, 117. 



Education in Texas 381 

at the gate by Mr. D., who enquires his business, where he came 
from, what's his price, who has signed, &c. ; then informs the 
teacher that he has taught school some himself and knows all 
about it, and will subscribe one scholar if the teacher will let 
him send three to make up the time. This being done, the poor 
teacher, without being asked to light, is told to go to Mr. E's. 
On reaching E's and stating his business, Mr. E. informs him 
that he has been imposed on so much by school masters that he 
cannot do any more than this : "I will send, and pay for what 
time I send"; and directs the teacher over to Mr. F's, who 
sends him on to G's, and so on he is passed around the neigh- 
borhood, finds fifty or sixty children who ought to be at school, 
hears one hundred determinations expressed to educate the chil- 
dren; the good qualities of many children and the bad ones of 
others, a general history of other teachers, and winds up his two 
day's labor with twenty subscribed students, varying from a 
quarter to two whole students at a place. This is making up a 
school. And who, in the name of reason, can call it pleasant 
business? Yet we will see in the sequal that it is the most 
pleasant part of the whole business. 

The teacher whom I will call Mr. T., on Monday morning 
repairs to the school-house — a little dirty log hut, with open door 
and open cracks, a loose floor of dirty boards, the chimney about 
as high as your head, in the north end of the house, so that every 
spell of weather in which fire will be needed, the smoke may be 
blown through the room to find an escape through the cracks in 
your eyes or down your throat. 

Mr. T., on arriving, finds about half a dozen boys and girls 
assembled, awaiting his arrival. On entering the house, one 
promising boy giggles in his face, another whispers something 
to his next neighbor, another is frightened at the monster and 
turns up to cry. Nor is he more favorably received by the fe- 
male attendants. One large girl whispers quite audibly, "he's 
mity ugly", another one whispers her determination not to mind 
no sich a looking man, a third thinks his dress don 't suit, and the 
little girl in the corner is afraid to look at him lest he might 
whip her. 

Mr. T. after looking around, addresses himself to the task 
before him, to arrange his students in the most convenient man- 



382 University of Texas Bulletin 

ner the seats will permit of, calls on the students to bring for- 
ward their books and show him how far they have advanced; 
when up they come with spelling books, including every edition 
of Webster, from first to last, greased, torn, backless and almost 
leafless, with but few exceptions; arithmetics from every au- 
thor, from Dilworth the ancient to Smith the modern calculator 
— all fit associates, in appearance and condition, for the spelling 
books ; reading books of any and every kind, printed since Mur- 
ray wrote or Walker composed a line, but no two alike, either in 
form, style or subject-matter. After examining, as well as he 
can, those mothy productions, he finds his students equally di- 
versified in their acquirements. One has gone through his book, 
but has forgotten all, all about it; another learned to spell as 
far as Baker, but the bay tore out his lesson, and now he knows 
nothing about it; another has read to the pictures, but it has 
been so long since he was at school he has forgot all about it. 
After listening from an excuse from each separate student, 
similar to the above, the students are given lessons, and respec- 
tively seated to commence the herculean task of getting lessons, 
and every urchin applies himself steadfastly to looking into his 
book, as though he had never seen it before or ever expected to 
see it again. This steadfast gaze, like everything else, must have 
an end, and shortly the silence of the school room is disturbed 
by the fierce cry of Tommy Simples: "Master, Jim Jones is 
pinching me. ' ' The two tyroes being called up, Jimmie is asked 
why he pinched Tommy: "Why, because he spit on me." Mr. 
T., knowing that such conduct must not be tolerated, gave each 
a slight tap, and threatens worse if they don't behave, and 
orders them to their seats, hoping them to obtain some degree of 
attention for a while at least. But alas, poor Yorick! scarcely 
has he had time to think, when his attention is aroused by the 
thrill notes of Polly Calico: "Master, make Sail Dask give me 
back my thumb-paper — she snatched it;" when Sail responds 
with equal volubility: "She's got my doll rags." Both parties 
being called up, and each ones property being restored, Mr. T. 
orders them to take their seats and refrain from further med- 
dling. He then attempts to learn Willie Smith his lesson, but 
scarcely has he commenced when he is startled, by the scream 
of Toby Prattle : ' ' Master, Jim Jones is scratching me. " " Well, ' ' 



Education in Texas 383 

bawls out Jim, "he tore ray book and called names," After 
settling the last named outbreak by tapping Toby's head and 
Jimmy's hand, Mr. T. proceeds with instructing Willie in his 
lessons; by the time he has finished his instructions he hears 
rang out from the writing desk, (or board, rather) : "Master, 
make Sam Trot quite shaking the floor." Having settled 
Sammy, and listened to about a dozen other similar complaints, 
Mr. T. succeeds in establishing like order, and closes the first day 
of his school. Weary, vexed, and discouraged, he goes home to 
rest. Next day opens his school with hopes of doing better, more 
students in attendance, and all appear pleased. But not long 
can he enjoy the fond hope. Up comes Tommy Simples and in- 
forms that Jim Jones had whippen him last night going home 
for telling on him, which statement he denies, and accuses Tony 
of cursing him and saying hard words. Mr. T. here comes to the 
conclusion to satisfy both parties by justly correcting each for 
his offense, and also to enforce order and obedience among the 
rest by chastizing every offender, and has the satisfaction to 
know, at. the end of a couple of weeks, that the students behave 
at school, in his sight at least, and are beginning to learn a little. 
Now you think, dear reader, that Mr. T. will breathe more eas- 
ily, and enjoy himself a little in the discharge of his arduous 
duties. But don 't come to too hasty a conclusion — wait the de- 
velopments of the next chapter. 

Mr. T. starts on Saturday to visit a friend. Is met on the way 
by an acquaintance, who informs him of all the news in general 
and of his school in particular. B. has accused him of tyrannical 
discipline in keeping the children too closely confined ; C. says he 
won 't send to him because he whips in the hand, and the children 
will never be able to write; D. says he won't because he beats on 
the head, and the children never will have any sense; E. says he 
is too loose in the government of his school; F. says he cannot 
send, for he is too tight in his rules; G. says he is a proud, 
haughty scamp ; H. says he cannot send because he keeps a select 
school; I. says he cannot send because he lets the children talk 
out in time of school; these, and many more complaints, Mr. T. 
listens to. His patience is exhausted, he goes home, pained and 
troubled in mind, and at last he concluded he will teach on and 
say as little as possible; goes to Church on Sabbath, and on 



384 University of Texas Bulletin 

Monday goes again to the school-house. Here he soon sees the 
effect of the neighborhood chat upon his students. One looks 
at him with contempt, another disregards his instructions, a 
third disobeys his commands, none have their lessons, and none 
inclined to study, and he is left to the alternative dither to en- 
force obedience by rigid rules, or set still and have himself in- 
sulted, and the school broken up by misconduct. ' ' Do his troubles 
end here?" No, no, no, await the next chapter. 1 

RELATING TO HIGHER EDUCATION 

SPEECHES AT THE SOUTHERN CONVENTION 

Many good things were said at the Southern Convention. The 
subject of education, as touched upon so well by Rev. C. K. Mar- 
shall, comes home to us. We agree with him in toto, and not- 
withstanding his speech has appeared in several papers already, 
we must be permitted to call the attention of our readers to it 
in the Gazette : 

Mr. Marshall remarked, by way of introduction, that he felt 
the importance of being brief as the Convention was drawing 
near to a close. He was greatly obliged to the Convention for 
the courtesy extended him and proposed to proceed directly to 
the discussion of the subject under consideration. He said we 
do not propose to legislate on this question, but we do intend to 
mould and put in motion public opinion, and a great and mighty 
feeling. Though we do not now realize the fruit of our labor, 
there is, to men of foresight who understand the nature of cir- 
cumstances, a certain prospect of a golden future. We have 
already accomplished more by these Conventions than forty 
Legislatures during the last half century. It is our duty and 
privilege to reform the errors of the North. We do not desire 
to be independent of the Northern States, but independent in 
the Union and equal with them. That is our position. What 
though you build railroads, construct lighthouses, and cut new 
channels in which to lead the ' ' Father of Waters ; ' ' though your 
agriculture facilities be multiplied, in what way will any of 



ir rhe Harrison Flag, Marshall, Texas, Nov. 4, 1859. 
If the "next chapter" ever appeared I have been unable to find it 
in the "Flag." 



Education in Texas 385 

these enterprises effect the interests of education? I say, sir, 
that we cannot compete successfully with the Northern States in 
any commercial enterprise unless we have educated merchants 
to open direct communication with Europe, who Will start our 
proud and noble steamers from Baltimore, Charleston or New 
Orleans to the various ports of Europe. I hold that it is the 
prime object of this country to teach her sons correctly. Who 
doubts the fact that education has the same effect upon the 
youthful mind that the sculptor 's chisel has upon marble ?< — that 
we can so shape the flexible mind in youth as to make it what 
we desire? 

We have not the means of education at home. Our planters 
are compelled to send their sons and daughters to Northern Col- 
leges and Seminaries. This practice is most ruinous to the South. 
What is the present position of Northern Institutions? One of 
the Professors of the Yale has already said he would shoulder 
his musket and march to any field to prevent the extension of 
slavery. — What may be expected of other Northern Colleges, 
when Yale sets such an example? Sir, I do not believe a young 
man can be safely educated in the North at the present time. 

Gracious Heavens ! what feelings must exist in a family when 
a son or daughter returns from some of the Northern Institu- 
tions and earnestly beseeches his father to emancipate his slaves? 
These Northern fanatic professors have taught them that slavery 
is wrong. Their class books are full of denunciations of the 
institution of slavery. They have taught them that it is wrong 
to do as Abraham and St. Paul did. I insist upon the correct 
training of the mind — of its cultivation in the most enlightened 
manner. We have proposed a plan for the establishment of in- 
stitutions at home necessary for the education of our people, and 
we shall keep the subject constantly before the people until they 
shall begin to realize their deep personal interest in the matter. 
When we can get the plan we propose, adopted, then we can 
successfully maintain our independent position towards the 
North. But, sir, what has been the opinion of distinguished 
statesmen on this subject? I will read a letter from Thomas 
Jefferson showing the ruinous tendencies of the practice of send- 
ing our sons and daughters to Northern institutions. — (Reads 
the extract.) I shall say no more with regard to our institutions 



386 University of Texas Bulletin 

of learning'. On the subject of slavery I propose to say a few 
words. I regard it as very dangerous to lay before the youthful 
mind any thing that will prejudice it against slavery. I believe 
the institution of slavery to be right — that God has established 
it and has civilized man through this institution. I believe that 
in fifty years' time slavery will occupy twice -as much territory 
as it now does. We do not ask any favors of the North — we 
simply ask to do our own work in our own way. They are edu- 
cating our sons and daughters at home. Northern teachers are 
coming in upon us and poisoning our children's minds with 
fanatical opinions. Would you believe that one of the school 
books of this city is a work more objectionable than "Uncle 
Tom's Cabin" ever was conceived to be? I refer to a produc- 
tion of a good but misguided fanatic man. I allude to Mr. Way- 
land 's Moral Science — a professor in one of our Southern col- 
leges once said to a young lady, a student of the institution, 
"you may study this work, but the chapter between pages 110 
and 132 you may omit, as you will not be examined on this sec- 
tion. ' ' On examination day this young lady said to the Profes- 
sor, "I want you to answer one question. If that chapter is 
wrong, how do I know but that they are all wrong ? " It is and 
ultra abolition book, and these books are the hands of Briaroeus 
hurling firebrands of destruction in every direction in the midst 
of us. The speaker then spoke of the importance of introducing 
Southern school books into our schools and colleges. That we 
would, by educating our children. at home, avoid an expenditure 
of five millions of dollars annually. He urged the necessity of 
publishing an entire series of school books adapted to the wants 
of the South. He wished to see such books brought into general 
use. He wished to see the authors handsomely compensated for 
their labors. He then presented an elegantly bound volume be- 
fore the audience and continued. This is a fine book. I would 
make you a present of it, Mr. President, as a token of my thanks 
for the beautiful compliment you paid the ladies yesterday, if it 
were not for the ruinous sentiments it contains. It was "Apple- 
ton's Complete Guide of the World," published by D. Appleton 
& Co., New York. He referred them to page 134 of this work 
and read as follows : 

"In the Southern States, where the culture of cotton and rice 



Education in Texas 387 

is so largely carried on, the field labor is for the most part per- 
formed by negro slaves — a race of beings who we understand to 
be worse treated in the American States than in any other part 
of the world. They are very numerous, and as they are aware 
of the establishment of the black government in Hayti, and the 
emancipation of the black population of Jamaica and the other 
British colonies, the severe yoke under the burden of which they 
have long groaned must become more and more galling to them 
every day. Nor is there any doubt that the time is rapidly ap- 
proaching when they will, by their own bravery, wrest their in- 
dependence from their American masters, upon the very same 
principle and with the same justice that the Americans wrested 
their independence from the British Government. In the event 
of a war between Britain and America, the British would greatly 
accelerate this desirable emancipation by landing a few black 
regiments from the "West Indies, and establishing depots for the 
supply of arms at the places ion the coasts of which the black 
troops had taken possession. There are many facilities for the 
supply of arms and if a war should render the measure neces- 
sary, the success of it is pretty certain. ' ' 

'One would suppose from the reading of this book that if ever 
any man was sent to hell he would only have to go from one part 
of this world to another. He spoke of the hypocritical preten- 
sions of Great Britain — the greatest slave-holder in the world — 
of her sending regiments of soldiers to the bordering islands 
that if at any time an outbreak should occur they might be 
ready to assist in the work of emancipation ; he hoped the allies 
would be defeated before Sebastopol, and was loudly cheered. 
He thought this book came within the list of prohibition from 
the State of Louisiana. He read a portion of the statutes of the 
State of Louisiana, showing conclusively that such books were 
prohibited from the State. The eloquent speaker was enthus- 
iastically applauded during the delivery of his very able speech, 
and left on the minds of all his auditors a very high appreciation 
of his scholarship and oratorical attainments. 1 



^exas State Gazette, Feb. 10, 1855. 



388 University of Texas Bulletin 

WESLEYAN COLLEGE: 
San Augustine, Texas. 

The next regular session of this institution will commence, 
on the 23rd day of Feb. next. 

The Female Department will be entirely separate from the 
Male Department, under the direction of an able and exper- 
ienced Teacher, with an assistant Female Teacher. 

Rev. F. H. Blades A. M. President and Professor of Ancient 
and Modern Languages, and Natural, Mental and Moral Phil- 
osophy. 

Rev. A. J. Fowler, A. M. Professor of Mathematics. 

An experienced Teacher will be procured for the Preparatory 
Department. 

Mr. Peter Burke A. M. Principal of the Female Department. 

Mrs. Mary Ana Cosgrove assistant principal. 

PRIMARY DEPARTMENT: 

McGuffy 's primary school book ; and his first, second and third 
electic readers ; mental arithmetic, and writing commenced. — 
Charge per term of five lunar months, $7.00. 

PREPARATORY DEPARTMENT : 

Smith's modern geography, Davie's arithmetic, Alexander's 
geography of the Bible, Smith's English grammar, Hitchcock's 
bookkeeping, Mrs. Willard's history of the United States, An- 
thon's natural history of the Bible, Parker's exercises in com- 
position, Whelpley's compend of history, Mitchel's geographical 
reader, Mrs. Willard's ancient geography, Comstock's or Dil- 
la way's mythology, and Days's algebra — as far as equations of 
the first degree, $12.00. 

PREPARATORY STUDIES IN LANGUAGE: 

Latin: Anthon's first and second lessons, containing the 
grammar, Caesar's commentaries, Cooper's Virgil, Cicero's ora- 
tions, Sallast. 



Education in Texas 389 

Greek: Anthon's first and second Greek lessons. Anthon's 
Jacob's Greek reader, Greek testament. 

Dictionaries: Ainsworth's Latin and Donnegan's, or Grov- 
er's Greek, $15.00. 

Beading, orthography, and penmanship will be continued 
through the preparatory course. 

Exercises in original compositions every two weeks, by the 
more advanced, and (in the male department,) declamation. 

A thorough training in elementary and introductory studies 
will be insisted upon. 

COLLEGIATE DEPARTMENT : 

Latin: Cicero's orations, and Virgil completed, Gould's 
Cicero De Oratore, Anthon 's Horace ; Folsom 's Livy, Ovid, 
Tacitus. Terence. 

Greek: Greek testament continued, Graeca Majora, (2 vols.) 
a course used in many colleges. 

Particular attention will be given to Latin and Greek prosody. 
Other ancient languages will be taught when desired. Hebrew, 
Chaldee. Syriac. Samaritan. Dichenberg's manual of classical 
literature, and Athon's classical dictionary will be useful for 
references. 

Mathematics: Day's algebra, completed, — e's 1 mathematical 
course (6 vols.) except his algebra, including plane geometry 
and trigonometry, mensuration of planes, surveying, solid geom- 
etry, mensuration of solids, navigation, analytical geometry, 
and conic sections, spherical trigonometry, deferential and in- 
tegral calculus, descriptive geometry and civil engineering, 
Olmstead's natural philosophy and astronomy, with mathemati- 
cal demonstrations. 

Natural Sciences: Burnett's geography of the Heavens, 
Bhenwick's and Olmstead's natural philosophy, (large editions.) 
Comstock's and Grey's chemistry. Comscoek's botany, Corn- 
stock 's physiology, Huchcock's geology, or Lyle's, Dana's min- 
eralogy, Smellie's philosophy of natural history, Brown's con- 
chological text book, Gross's general anatomy. 

English Literature : Gould Brown's English grammar, Wood- 

x Paper torn. 



390 University of Texas Bulletin 

bridge's large geography, Tytler's universal history, (large edi- 
tion, 2 vols. ) Rollin 's ancient history, Newman 's or Campbell 's 
rhetoric, Porter's rhetorical reader, exercises in original com- 
position, and public speaking. 

Intellectual and Moral Sciences : Upham's mental philosophy, 
(large edition, 3 vols.) Wayland's moral philosophy, (large 
edition) and his political economy, Hedge's logic, Paley's evi- 
dences of Christianity, and his natural theology illustrated, But- 
ler's analogy, Jahn's archaeology, Prideaux's connexions. 

The charge for any studies in the collegiate department, $20.00. 

It is only intended now to give a list of studies and text books 
without much reference to the order in which they will be pur- 
sued. The course will be more fully arranged when it shall be 
found necessary to publish a catalogue. 

Modern Languages: for which charges will be extra as cus- 
tomary. 

French: Bolmar's Levizac's grammar, Boyer's or Meadow's 
dictionary, Vie de Washington, Perrin's fables, French testa- 
ment, Charles 12th, Henriode, $10.00. 

Spanish: Cubi's grammar, Newman's dictionary, Traductor 
Espaniola, Spanish testament, Novelas Espaniolas Don Quixote, 
$10.00. 

German and Italian will be taught if required. 

Ornamental branches in the female department. Vocal music 
practised through the whole course without charge. 

Drawing and painting, extra, $8.00. 

Ornamental needle work, extra, $8.00. 

Instrumental music, upon the piano, extra, $20.00. 

Use of piano, $3.00. 

Students will be received at any time, and charged accord- 
ingly; but no deduction will be made after entrance, except for 
protracted illness. 

Tuition fees payable at the end of each half session. 

There is no difficulty in procuring board in good families. 

IF. WILSON, Pres't Board of Trustees. 
OSCAR FITZALLEN, Sec. 

San Augustine, Feb. 1, 1846. 



Education in Texas 391 

laws of Mckenzie college 

I. The Faculty shall faithfully instruct the students and 
maintain proper discipline and order, exercising, as far as pos- 
sible, a parental government, and endeavoring - to substitute a 
moral power over the heart as a principle of order, in place of 
the fear of punishment. 

II. The Faculty shall have power to govern the students ac- 
cording* to the laws of the College, and to make minor laws from 
time to time, to meet all exigencies, each Professor having the 
same power in his own class-room. 

III. The Faculty shall have full power to inflict punishment, 
whether by demerit, rebuke, suspension, or expulsion. 

IV. The President, or some other member of the Faculty, 
shall pray in the College Chapel every- morning and evening, 
and shall address, as he may find occasion, public instruction 
and counsel to the students. 

V. The several classes shall recite in such books, and in such 
manner, and at such times, and attend and perform such other 
exercises as the Faculty may from time to time appoint and 
direct. 

VI. Each Professor shall keep a daily record of the recita- 
tions in his department by a system of marks, ranging from 
to 9 ; the highest mark being 9, and unexcusecl absences, 0. These 
reports from the several departments shall be embodied in a cir- 
cular, and a general average of the standing of each student 
shall be made, monthly, to his parent or guardian, for the exer- 
tion of a favorable influence. 

VII. Each recitation shall continue one hour, unless other- 
wise ordered by the Faculty. From one-fifth to one-third of the 
time allotted to each recitation during any term shall be oc- 
cupied in review, immediately after the recitation, of each stu- 
dent. The Professor shall designate the quality of the recitation 
in a book kept for the purpose. 

VIII. The following are among the things forbidden by the 
laws of the College : 

1. Using profane or obscene language. 

2. Playing at cards, billiards, or other unlawful games, or 
raffling. 



.■392 University of Texas Built tin 

3. Leaving the College grounds without permission from the 
President, or, in his absence, from the Professor in charge. 

4. Being out of room during study hours without permission, 
■or being absent or tardy at prayers or recitation. 

5. Being out of room at night, or engaging in any night- 
suppers, or other irregularities, without permission. 

6. Smoking. 

7. Keeping gunpowder, firearms, or deadly weapons of any 
3dnd, about the person, or in the room. 

8. Allowing disorder in the room. 

9. Attending any exhibition of an immoral tendency, or 
•dancing-parties. 

10. In case of offences not enumerated, such punishment will 
be inflicted as may be just and necessary. 

11. Using Keys or Translations. 

IX. Tbe President shall, every Monday morning, appoint 
four Monitors, whose duty shall be to report in writing every 
morning the names of such as they may have found disobeying 
any of the College-laws. 

X. Every student shall attend Bible-class, and all other 
public worship. 

XI. — 1. A student in the regular course is not allowed to 
drop a study and become irregular, without first informing the 
President of his desire ; secondly, writing home to get permission, 
the President, writing at the same time ; and, thirdly, obtaining 
the written consent of his parent or guardian. 

2. Damage done by a student to any of the College-Buildings, 
fences, etc., shall be repaired by himself ; or, if he neglects to 
iave it done in due time, it shall be done at his expense. 

3. A student coming from another college must present evi- 
dence that he has left that institution free of censure. 

4. A student absenting himself from public examination in 
June is liable to be placed in a lower class, or be excluded from 
College, as the case may require,. 

5. A student, on entrance, will be furnished with a copy 
of the laws of the College ; and, after reading them, he will be 
required to deliver up to the President all fire-arms, or weapons 
of any kind, in his possession, to be returned at the close of the 



Education in Texas 393 

College year; and will be required to sign the following declara- 
tion and promise: 

MATRICULATION PLEDGE. 

"Intending to become a student at McKenzie College, I do 
hereby acknowledge myself subject to its laws; and do further 
declare on my honor, that I will obey all the laws of the College 
now in force, or that may be enacted while I continue a student 
thereof." 1 



*Annual Catalogue of the Students and Faculty of McKenzie College, 
1860-61. 



394 University of Texas Bulletin 



te to to » » oooooooooooooooooo 

tJ ^< ■* <* n< rj. Tr'* i ^ i Tf"* l '^'^ < '**'^ 1 

<U 00 00 00 00 00 oooooooooooooooooo 

'T; i-H i-H i-H i-I ,-1 iHiHiHrHi-liHiHiHiH 



tn 


iH 


^H 


iH 


00 


iH 


a 


i-l 


1-H 


rH 


CI 


rH 


a 

4) 


ft 


F-4 

Pi 


Pi 


£ 


>> 


03 


< 


< 


< 


< 


^ 



lO 00 H rj< 



a 




•g 


£ 




CO 








£ 




<! 


tf 






< 






H 






J 






fa 




rt 


O 


H 


o 


CO 


ti 


"-3 


£ 


P 


o3 
o 


o 


ft 


o 


1— 1 


<«! 


J 


ft 


J 




t3 


Ul 




H 


HH 






C3 




ft 


H 


CD 


2 


J 


"c3 


t— l 


ft 


a> 


ti 

s 


m 

Pi 


fa 



o o o o 

PQ PQ PQ 'S 

o 

r - 2 bs 






O 03 O O OS O 



f=3 fa O 



o 


g 


C 


U 


O 


o 








py 




^ 




W 


>> 




^ 












CJ 


c 


■ cj 


n 


o 


"T 


o 


+j 


p 


■w 


-w 






Ul 




a. 


02 


M 


WJ 



H 



fa fa fa fa a fe fa fe 

h- i —i 03 o3 03 o3 



s s s 



H 



Ph O rrj 

B § 

r- 1 a; ai Ph 

<J P 

CO 5 u \ 



< 

Oi d) CO 



o 


Cl> 


w 


^j 






HH 


> 




03 


n 


■*-> 


P4 


P 
p 


t— i 


ffi 



M^* 5^5 g 2fc CD 



rt 



•^ hH ™a CD IS o3 T3 

?* a r ,S 03 <v> „; —i 

^ ,— i B CD S r-i j ™ " 

a § 1 1 1 §2?333i*3 



^<5gS 5 - I I I £ jg J g Q a g 

£ ^ a ^, d u Ppor-ps^.-cD -a 



Education in Texas 



395 



<T5 


o 


o 




o 


O 


o 


o 


o 


O 


o 


eS 


CO 


o 


o 




eo 


iH 


LO 
OO 


c-i 


CI 


eq 


-f 


lo 


LO 




La 


LO 


LO 


LO 


LO 


i " 


lo 


LO 


LO 


LO 


LO 




LO 


l- 


1- 


LC 


LO 


00 


eo 


00 




co 


00 


00 


00 


CO 


00 


CO 


00 


co 


00 


00 




oo 


00 


co 


OO 


co 


H 


rH 


H 




1— 1 


tH 


iH 


H 


rH 


T— 1 


iH 


rH 


rH 


TM 


rH 




rH 


rH 




H 


iH 


r-i 


H 


01 


Tt< 




cc 


t- 


OO 


th 


kfi 


LO 


<x> 


c-i 


C5 


(M 


CO 




<* 


oo" 


■* 1 


CO 


C* 


■* 


CO 




•M 




c-i 












CM 




















i-H 


<M 


d 


d 


d 




d 


X3 


,0 




a 


+J 


> 


d 


,Q 


d 


d 




^ 


d 


O 


d 


,o 


d 


Q 




es 

^3 






03 

fa 


03 

fa 


0) 
02 


CD 
.72 


57 


O CD 

fc P 


CD 
fa 


03 
P 


03 

Q 




03 
fa 


CD 
P 


CC! 


■CD 
fa 


i-a 


d 












d 


d 




. 


d 
















TJ 


TJ 






s- 












Fh 


h 






S- 


d 














Ph 


fn 






a 
o 


6 


ej 


co 






eS 
O 


eS 

O 


O 

o 


ed 
o 


o 




o 


o 

O 




C3 


O 


ca 
o 


ea 

o 


O 




PQ 
d 


c 

o 


d 

o 

CD 


o 

u 

cd 




.£3 
CO 
03 


pq 
d 


pq 

d 


'3 
o 


pq 
d 


pq 

d 


o 
o 


CO 

CD 


3 

c 

03 

cd 


03 

o 




O 

o 

CO 


'3 

o 

03 


pq 
d 


d 


o 

o 


d 

CD 


a 


02 


Oh 


s 


0-i 


d 
I— i 


d 


m 


d 

i — i 


d 


TO 


Ph 


§ 


m 




rtS 


d 


d 


w 


3 




6 


6 
O 


























fa 
Ph 
















o 












































09 


























£ 
















•d 


























Eh 
















o 

03 


P 




















d 






^ 

J 


d 














u 

1-5 




O 

d 

Zw 
> 




d 

o 


2 

"cD 


CS 
12 






T3 


6 
o 


03 


U 

03 






3 


O 

d 


d 




d 

a 






.2 

'3 

bo 


c6 
d 

a 




DQ 
U 
03 

d 
d 


03 

bfl 

d 


O 
bfi 
cS 


d 
O 

(p. 


6 
O 

03 

CO 


cc 
ej 


03 
+J 

-t-> 

03 


03 


CD 
w 

O 

CD 


in 
U 


o 
o 

cd 


fa 


o 

CO 
U 
03 

12 

d 


03 


03 


o 

'rH 

ea 


a 
o 

Fh 
+j 
03 


O 

03 


CD 

02 


03 

Eh 






03 a3 


73 


O 


cS 


o 


cj 
fa 


02 


o 


cS 


EH 

Pi 


o 

CQ 


ea 


Ctf 


CS 

pq 


ea 
pq 


fa 




fa 










fa 


fa 








fa 


fa 


fa 


P 
o 

fa 




fa 










t3 




t) 










d 


d 








^5 




T3 














d 




d 










d 


d 








d 




d 














CS 




ea 










ca 


cd 








ca 




ea 

















■a fa 



r-H r; a; 



(_) 

o 




TJJ 




CD 


CO 

'X. 




CO 

d 

fa 


fa 








O 


•^< 


T3 

C3 

CJ 


02 




d 

ca 

03 


03 


bo 

CD 

o 


G 


2 


ea 


>> 

s 


>» 


+J 


O 
fa 


EC 

d 

hH 


X 

CD 
2 


CD 

U) 

CD 

o 

a 

ea 

d 

ea 

X 


"ca 

a 

d 
o 
d 
u 

03 
> 


3 
-u 

+-> 

CO 

d 
u 

03 


o 
K 

CD 

ea 


o 

03 

c3 

r* 

Fh 

CD 

ca 


CD 

TJ 

ed 

ej 

<j 

CD 

CD 

>. 

03 


d 
ea 

"eel 

Fh 

d 


(X 

d 

o 

O 

CO 
03 


03 

ea 

o 

d 

Fh 

3 

03 


s 

CD 

u 

< 

CD 

^CD 


CO 

•-. 

03 

> 

d 
P 
>> 

03 


d 

d 
ea 

ed 

03 

Sh 


CD 

s 

CD 
fa 

S3 

d 

o 

w 

a 


fa 

d 

es 

s' 

o 

o 

1 




03 


S 


o 


J3 




ea 


CD 


ea 


o 


a 


ac: 


rt 


a 


&H 


fa 


o 




J 


o 


o 


J 


HH 


02 


J 



■a h cj 

eS <J 



co -^ >> CQ 

d co a 



•d d ^ 

es O >> 



co =S O 

G, § O 

| S CD 



o 



o o 



^ S- Fh 03 



. -5 io' t; 2 S ^ 
cc g ^ pq pq pq — 



efl 



<3 *h oj 
03 ."£ S 

§£fa 
ft ft p* 



03 fi, 

M) ^ o •« a 
5 5 .S <3 "ca S 

r T iOQ3^2cSo3tno3 

H <J pq pq pq, 



396 



University of Texas Bulletin 



o 



IfliOlDiaiOlOlOioifliOifl 
OOMOOMMCOOOOOOOOOOO 



d 


















i-H 


rH 


tH 


U 


Oi 


OS 


1 

T-l 


rH 


co 


rH 


rH 


t~ 


L~ 


t- 


I- 


i) 
























Q 


^2 

cd 

fa 


0! 

fa 


CD 
fa 


cd 

fa 


S) 

fa 


CD 
fa 


CD 

fa 


(1) 

fa 


fa 


CD 
fa 


CD 
fa 



CO "*f* ^P ^P ^t* "^ ^* "^ ■*}* 

oooooocooooooocooo 

tHiHt— 1 tH t-H rH i— I H H 



1- 
1-i 


in 


OS 


CM 




tc 


o 

T-i 




rH 

rH 


cd 

CD 

Q 


Ctf 

l-S 


a 
3 

-o 


a 

CS 


1-3 


CD 
fa 


£1 

fa 


0) 

fa 


— 

o 

fa 



a ra 



-d tj tj 

^ h b, 

o3 to o3 

o o o 

pq PP pq 



■d -3 « <d o 
d M P. 



■5 r4 



^S^fiffi^H 3 



% cs a 

pq pq pq 

T) T3 fl 

£ S3 3 



3 « 



o 5 

pq d 






c« 

O 

PQ 
B 1 •« 



o 
O 


d 
o 


















O 


fa 

Ph 
P 


o 


d 














a 


cd 


















O 
Ph 

ho 


H 


U 


U 














P 

Eh 
< 

03 

— i 

O 
fa 


o 

o 




s 














■^ 

J 


CO 
CO 


CO 

to 






0) 




CD 




CD 
"3 


d 
o 

+-> 

co 
CD 
> 
3 


p. 

C3 

d 


d 

o 

CD 

a 

c3 


a 

o 

1 
d 

CD 


3 
o 


CD 

d » 
*h cd 

O g 

Cd O 


CD 

> 
CO 

a 
a 


6 
U 

B3 

a 


o 


(73 

O 
fa 
J 

tti 


U 
S 


O 

d" 

CD 

d 


d 

O 

03 

cd 

•-: 


9 

CO 

CD 


> 
a 

Q 

CD 


•a 

.2 
o 


allettsvill 

ilam 

yler 


CD 

a 


CD 
fa 


O 


o 


D9 


s 


O 


J o X 


Ph 


o 


Eh 

fa 
i— i 


a? 


J 


Ph 


^ 


O 


E^ 


3 




« 


fa 


HH 




fa 




fa 


fa 


fa 


fa 




fa 




fa 


fa 




fa fa 




— 


O 


*3 


13 




-a 




T3 




TJ 




fa 




T3 




TJ 






■d 




E-i 

Ph 


CD 


d 

CC 


3 

cd 




5 




3 




a 

cd 








d 

cd 




5 






a 

e3 





§ s 



§ s 



fa 

bo • 

o a 



<J & 



d a 



CX 



5 a 

° CO ►>, 

O cu C m 

3 « afljS 



ra 



d _q S 



o O 



U 



■o a 

d fD bO co 



fa 



C CD sj 

a -a ? "3 g 



H ft 



3 -a "3 ad s 

•- < o d ' 



■3 s 2 s 



OOPh'PhOJO^SoEh 



o <J 



P S „ o 






C3 JH 

d -S 



^.5 

a 5 

CD TH 

IS 

CD 

^ r ^? 



iJ S .2 -S <«J 



£ S _o ?. g fe 



o s 



q CD ^ 



Ph 3 tS 52 

cs fl d 



rt -2 



'5 
P 

a h 



5 = ^3 SiJil a 
i; o a) i* S ••* >,a 



Education in Texas 



397 



CO Tt< ■* t£> 

ia io id io 

00 00 00 00 



lOlfllOlOIOlfllOlOlO 

ooooooooooooooooco 



5^00000000000000 



M « « » 



OOOOMMIMOOiOinW 



bJO jQ X2 W) 

d <u cd d 
<1 fe fe <jj 



H, fe fe 



,d j* 1 bi be bi) 

a 3 3 3 3 

fe H-3 <J <J <j 



bflt*bflW)bCbCbJDbC 

3ddddddd 



CO (H ^H fc3 

U Oh Dh § 



U 



.2 o o 



■a .2 



m CQ 



. m 



_ g £ d d « -g -d 

tS -^ m x« d d ™ w d 



tQ "d "O "O >d 

jj eg eg eg d 
O O O o 



-d -d 
d d 



-d <o 

d d 



«SSS£ffl « 





o 




s 










d 


d 


.a 




h 










XI 


Pi 
d 5 


■d. 

CO 

d 




CO 

3 




d 
o 


S 


CD 


a 

w 

a , - 


5 ^ 

CO CD 

CD Ph 

> d 

d £ 
° 


ep 


1 


Eh 


CD 

2 
c 


a 

s- 

0) 

*d 

a 

CD 


"3 

d 
O 


Palestin 
Galvestc 
Marshal 
Starvillc 


fe 


fe 


fe 


fe 


fe 


fe 


fe 


fe fe 


-d 


'd 




co 






■d 


-d 




d 


d 










d 


d 




d 


d 










d 


d 





§ s S 



o 



s d 



cd ,_; -d 

t; o A 
5 o d 



o 





CD 


Tl 




X 








d 
o 


d 


(C 


^~ 














o 

CJ 

d 


o "d 
v o 
d o 


d 

X! 
CD 


O 

N 

a 
u 

pq 


CD 

be 
d 

d 

Q 


CD 

d 


fe 


fe 




fe 
>d 


fe 


fe 
-d 

d 

Del 





>i 








S 








cu 


>s 






d 


s 








ai 




DO 


«! 


-d 
d 




P-c 


fe <J 




d 








1 


«d 


fe 


CD 




d 


"d 


d 


72 
■H 


£ 


d 

d 


171 


o 


s 


d 


d 
fe 








P- 


xl 


i 




> 


h 


X! 


CD 

d 


d 


X 


CU 


« 


P 


CJ 


fc 


Ph 



CD ■-> 

as O 

o « 

O d 



O 



d 

a 

cd d « p- 



fe S 



S -5 o> 



d 

: s d x 
O ffi cq E-i 



£ S 2 



« cd to 2 J±i d 

d El. ^ ^3 r-, ■-< 



& fe 

d *J 

^3 in 

a) -d a 

M a d 

i§ P3 



o w a, 

O CD 

d I 2 

-* CD CD 

d > ,d 

™ r3 "ti 

« d ■z 

fe C5 J 



^ > a 



CJ 



U CD 
^ d 

3 rt 



5 I 



g 5 

a 5 



03 

X 


ta 

d 


d 

d 


d 

_o 


h(1 




■w 


ai 


s 


fe 

-d 

d 
d 


d 

s 


3 

cs 


fe 


el 


d 






o 


H 




A 


M 


a 


> 


a 




d 


fH 


i^ 


d 


< 






^: 




C^ 


S 







H 3 w 

H S g « 

>> ° 5 Ml 

£ Ul < a> 



co d 

d -^ 

X 3 

CD a 



CD ^ 



o 


CO 




fe 


d 
i— i 


d 


d 


fe 


CO 

d 


o 


■a 


<j 



male 
male 
e Col 


d 


X 

Cfc 


d 

o 


d 


CD CD ^ 
fe fe- ? 

O S o 


d 


d 

'C 
o 


CD 

m 

d 
Ml 


CD 






rrt 


(h 


> 


d OS O 
^ ^ ^ 


fe 




d 


d 



C^ 



398 University of Texas Bulletin 



u 


ID 


CO 


to 


o 


to 


0) 


U3 


IO 


IO 


IO 


in 


U 


00 


oo 


oo 


00 


oo 


tH 


TH 


i-i 


i-H 


rH 


X) 












u 




OS 


lH 


i-i 


T-H 


a> 












03 


bo 


bo 


■U 






M 


y 


J 


03 


CD 


0) 





< 


-a 




0) 




3 




d 








■+J 




d 







d 


U 


o 








cd 


w 


n 


rt 


J 


& 




H 




< 




J 




r/3 


ca 


i— i 




O 


03 


w 


fc 


J 


!-. 


H 


o 


H 




X 


Cd 



00 OS 
OO 00 



t-t— oooooooooooooooooo oo 

winiowiflioioiaLOiflio to » 

oooooooooooooooocooooo oooo 



,£ 2 3 ce 03 03 03 03 V 03 03 § eg 



§ « -d a « « ^ n S ^ £ ^3 

acSrtrtrtaS S cd a} d u r °. cd g ° „ S 

"OOOO g Oo;z|.rtOo°vJ .2 O 

. . d eq 

•d -d -« -d -d 'd'dlrto'O'do-S'S cd ^ 

J *=! e! 



fq«fflfflw S3 Plffla§a ffl ^ 

• id . , a ji o • y 

d C d C d ^ C rt n I Si 5 a m 



8 S OH 

3 H cd 



3 



d 

5 § o So o J 1 

.2 O fi O § E cd O d 3 ^g^^°Oa3>, 

j!U- o ^ g w o <i tf £<*fc^mo«2EH 

fe fc > fc £cj fc pcj fe 

■o H -a -a 

el cc d a 

cd Co cd 



fl 



s 



o 


>> 










d 


a 

03 










."t^ 


"O 










DO 


cd 








a 




«i 


3 


CD 




CD 

>d 






tuo 


CD 


rS 








cd 


fcii 


CJ 




cd 

a 

03 


cd 


o 


CD 


< 




<l 


U 


O 


d 




Pi 


d 
o 


03 
■U 

03 


U 

cd 

d 


o 

B9 




73 

d 


OS 

a 

o 


d 


d 

ri 


0) 
2 



£? o ei 2 o 

a o a s .a o 



a 

os — ' .2 -. t>. '3 

m ^ Tl rZ >>} h! 



a O o a 03 £.• »-< 
» to q hh M a S3 



03 cd 



*-* t» •"< 

h f a 

eS O J3 £ d 03 03 



3 S 8 & ft '3 d 



? cS J? h bfl 



O 



p 


cS 


o 


H 


Uh 


O 




d" 
o 




rf) 


n 


1— 1 


4-> 


O 


cS 


m 


W 


r/j 




J 


03 


QJ 


X 


"^ 


> 


H 


03 


u 


w 


> 


7?, 


o 




-n 



2 a 



ood . ^O^d^-rl^fe 

<5oa ffis«dfl°o§ai 

o* < ES-BSS^ IB »d 

ZlCOrK^ c2 hH Q3"ti _ Ir^h 



d 


d 


o 


P 






n) 


03 
















> 






at 


« 


y. 


CS 






Education in Texas 399 



ooooo oo o OOOOOOOOOO 



lO ITS i-|Tj<rH05i-l i-l <M N OOOOOOOOOOOOOiOi-HfH i-l^^ 

CM CM CO iH OO r-l rH ,H r-| ,_| r-( ,_( ,_| 

3 3 £ ,£3 d' ,0. £2 XS J3 fj j£ -Q £S -Q .Q X5 X3 -d X5 i rj ,d ,d 

oi oS nj « cd a) O cp a> cl> u(i)(i)a)(i)0)SJ)(l)a) ^ ^ *> 

1-3 >-3 . 1-3 fa '-s fa fa fafa fa fafafafafafafafafafa p^ fa fa 



.Ho o § .2 o 6 2 .2 «,, § § 

d W . . PQ oW . gW . « , . c rtii . PQ PQ 

,d ,d o .d .d . -g . *> o^^i^+j+ioog - 

gg gS^5 fa 5 PQ S^g^pqpqggd: |SS 
d 

I g 

a> «w to 

& W 

.2 .2 ,6b? .2 



J „ o. * o 



^ £ £ os 3 g. <2 2 

02«2 fa fa ^ O PQ J ffi " 

fa fa fe fa ^ 

d 













3 



















m 






o 


o 
















d 


O 










d 

o 


a> 




o 


o d 




■a 


•a 




bo 




rt "5 


s 2 

> 3 
oS O 


d o 

0> OS 
CQ CO 


CD 

c 

EH 


53 


a- 
| 

a 


CU3 3 

.3 s 
S § 


oS 

*-. 

& 

aS 


O 

o 


1 -2 

'j- ,d 
3 co 
ctS oS 


fa 


fa fa 


fa 






fa 




fa 


fa 


■d 


T3 -O 








"O 








d 


c d 








d 








rt 


OS oS 








od 









oS aS 

s § § § § s § 





o 


+j 


u 




'! i 


o 






M 


a) 


ri 










cd 








fa 


o 


^H 


T-l 


ri 


— 


d 


o 


d 


OS 






j ^ ffi & a 



b « 

3 



Od-|< I^-sSK." |&g« Sl^ 5 

3*115* iSSldMI* sis* aai^a 



fa 



^ <d oS „, _, SibcafTi 



bo 



<JtnCL co^oofa O? S E-iOmfafapj^HH W^ 



400 University of Texas Bulletin 



<u 


to 


to 


49 


00 


oo 


F-< 

CO 


iH 


H 


~ 




fc 


a 


iH 


oo 


OJ 






■u 






« 


J2 


s-i 


n 


05 


J7 



p, 
go 



m 


o 










o 






fl 


Eh 




OJ 




o 


«5 




£5 




M 




"cd 


> 
d 

05 
OJ 
Fh 


Fh 

CD 


d 

id 

09 

ct 


p 


fa 


a 


H 


£ 


W 


o 








H 


OJ 








« 


"cd 








o 


s 






£ 



d 

















d 

>-5 




d 

cd 
•-5 






H 

--D 
00 
H 


CO 

to 

00 


CO 
CO 
00 

1-1 


CO 
CO 


M 

CO 

oo 
rH 


CO 
CO 

oo 

H 


ce 

oo 

iH 


CD 
oo 


00 

H 




CO 
CO 
OO 


to 

CO 

oo 


(N 


CO 


rH 


H 


i-l 


so 


CM 


•M 


in 




O 
CO 


O? 

•M 


cj' 

Qj 
P 


Fh 

cd 


cj 

OJ 

P 


d 



cj 
OJ 

P 


ci 

o 

P 


May 
Oct. 
Nov. 




bJD 

< 


4-i 

3T 
CO 



§ .2 o 6 § « o o 

3m. a m gw^w cwn 



d $ ^ ^d § d £ d ^ d d 



fa g 



^ 



d 
5 

9 - o w 



J |— 1 o 3 

H ^ fa] d fi O ^ .Q . O 

P d « J w.2 cc O r § S d S 

ffi o 2 s ffi dcstZSd^co'g 

H pq ^ P g TihdHffiffig^Pi 

£ fc fa H fa fa fa fa fa 

d d d d 

cd- cd cd cd 



d JS 



0) >> O bJD 13 



2 g fa ~ I 



B3 


CJ 


i-i 


- 


EU 


d 

cS 




n) 




>— , 


- 


S 



• 2 -, a s £ £ a rt -2 s 





CJ 

o 


c3 




W 


a 


a 






ti 






p 






H 






< 






P 






gq 




OJ 


3 




a 


H 


a 


cu 


J 


o 


T3 








a 


05 
0) 


aj 


EH 


> 

"cd 


05 


a 


O 




> 


fa 


fa 



» ^2 „, rt^ U o W w fa -2 cdcd 05O 

« a S S £ -5 « <» a 



73 

ao -3 £ '3 " "fa.S^dcd^^ "_. S 

S S | 2 | ^ 73 SassSgg-s « j 3 

OH^ tf^ P ccPHfJHOEoroCH OCQ 



Education in Texas 



401 



e » to » 

CO CD CO CD 
OO OO CO 00 



COCOCDCOCDCDCDCOCD 

W!DffltD»(DtDOtO 

oooooooooocoooccoo 



OOOOOOpi-lT-1,-1,-1 
t~ t— C— t— C— t— l "~ t— t- t— t— 

OOOOGOOOOOOO C °OOQOCCGO 



C~Or-ICNICOCOC50© 



>>>>>>> 



OOOOOoO££££Z££ 



^ ^> bi tub bo 

1-3 £ <i <i <3 



L ^ OO IC CD CO 

1—1 *h cm <M 



3 ts ft a a 

<d g «< <n, <\ 



d rt c6 o 
o o o O 



Q 



-a t3 



o O o o 



^ ^ ^ 



cci O ccj o3 1^ o3 o3 c5 



OJ o o o 



mm fa m m m 



T3 -o 

— Li 

„ <S 03 

2 o o 

§ m m 



mmm^ . ^ w m 

S3 c,' C -^ S -*-» . fl S -^ s3 cj '^cJCC^iS^ed rt 

£ £ £ ai «33hh £ c/2 £ £ OhhS^^^h £ 

d 

O 



_ o 

B o 



o 



^ !T *— < oj 

0) > o , ^J 



CD *"• £3 U M 



S-« P q; Sh 

fa m m 1 



m a; 



fa fa 



7t ~ r; 

3 ^ 



ij £ 



03 _ 

CD CD 



o> b 2 



fa fa 
"d -a 

S3 S3 



O CD fa 
>h .h w CP 

rf S a) 2 



>> .S X -S ^3 



S3 =2 6 
03 fc 



2 £ 



to T3 

' S3 



z u K ^ m^mmh^ffimK 



fa fa 

S3 S3 
aS o3 



,5 ^ 



S3 > 



03 S3 



oj <J 



& 3 

CD >• 

5 S 

,— , CD 

CD !-. 

m o 



3 fa 
5 6 

U CD 

w ^ d 

-*3 £ • 

§W£S 



fa .2 fc fa © 

(3 






o3 ™ 

m w 



rt 


rl 


+J 


Bl 


ri 


(3 
CD 


g 


§ 


| 


CD 




s 


> 


d 


rt 


o 


nj 


o 


Sh 


CO 


13 


S 


CD 


K 



^ S3 
S3 « 



a g 

«_ CO 

c8 !« a 

o f^ o 

<j o K 



o 



03 CD 



■73 CD 

03 g 

--H CD 

.5 fa 



fa m 






.2 fl m 



CD CD tO 

S3 CO rr-J 

3 ^ « 



S CO O 



= cS ^ " " 
O 



.S v. «- 

|- CO ® 

S3 S +; 

CD 03 S3 tn 



o 



bC CD 

.2 fa 



II 



TS ^3 



^ ^1 



O m S S3 



O 





o 


X 


U 




(i) 


(3 


~ 


? 


> 



O fa K 



^3 CD 



co 5 ^ 



So .2 "5 2 M 



S3 S3 S 



402 



University of Texas Bulletin 



a> 


t~ 


t~ 




GO 


30 




rH 


^H 


a 






.a 


fc 


„ 


a 




<M 


a> 






*-> 
a 


-' 


>> 


P 


< 


CCj 



CO GO 



GOCOOOCOGOOOOOOOOOOOOOOO 



^ (O to" "> N to t^ t- 
i-H i-H t-H ^H 

'^oSaJccioScdCjCd 



T-H <r-t l-H rH 



c« oS 



s s s 



t- e- c~ 



co **« co 



O O Z 



t-H 



W PQ 



fa 



2 -« 



S 73 
«5 Pi 
(23 hh 

d 



— ' CO _, 

rrt r- Cd 



r, fj 10 



CQ ?* 



fa 

a 

cd 



« So 

cd ^ 

a o 

73 fa 

s ^ 

OS rn 

(D OS 



T3 ^ "^ ^ T3 ^ ^ ^ 

{-, *_, P-, ^ - - ~ J-l 

oS ri Co ^ cd cd d cj 

OdjCQgjOOOOOOO 

W-SSt;«Wcqeqpqpqpq . 

d o C3 _£< 

:-a £ ■£ £ -c) -d r d d d d -d ■£ 



*r S £ J 



o 



u 



u 



^ o 5 



Q T3 



cd 



J" !-. S-i 

H « O 



02 Q. 
OS rl 



o S to 

+J Hi h 

CO w 03 

C £ *-« d - 

d d =3 ^ O 3 



OS 

- d 

CvS ^ 

£ CO 

^ d 



OS OS 



fa fa fa fa fa fa fa fa fa 



-2 .5 

os '£ 

I 5 

fa C 



>> 












s 






O) 


>> 


>> 


73 
OS 


s 


oS 


CJ 


CD 


pi 



g os 



p> a> a) o fl 



^ ^ ,2 






.5 oS 
CO 73 
03 0) 

WOO 



OS CD 

a S 

fa 2 

oS 



bO "2 



£>0 g co 

02 ?> ® k *" 

«U tj » 

OS '"2 JT? Cd r-j 



o> 

"oS 

n CD 

2. b » 

CD d) 

fa £5 



"5 W 73 



s 5 fl 



OS CO 

fa 



,4 

a Ra) .S 



«2 — i 



oS fa "S P. 



<$ fa 



fa "3 co cS 

U r „ ri CO fe 

„* CO i— i ^h P* 

2 d "o ^ ^ 

C X i d o 

d u s ,3 o 

J Eh § O tf 



=1 ° 

oi CO 

co "cs 

OS S 

^ fa 



C3 



O P CQ PS 





d 


.2 o 




o 




fa 


o 




d 


|-d 




rt 


<3 kH 


fa 






rt 






fa 










d 


J 




to 


X 




a 






£3 


3 




05 


a 


d 


Q 


fa 


fa 


CO 


fa 

Eh 


O 


PI 

CO 


fa 


3 


o 


fa 


fa 


03 


fa 




fa 


£ 




-CS 





-z 


CO 




d 

cd 


< 




S 


2 

CO 




« 


t3 


>J 




88 






a 


S 


c 


<j 


^r 


« 






pg 


>3 

CO 


<3 


cu 


5 








o 


CO 

>> 

o 


fa 

V 


fa 


QQ 


§ 



Education in Texas 



403 



oooooooooooooooooooo^oooc 



a o o o o o 

<J £ £ £ £ £ 



CO rH tH ,_| ,-h t-i 

>>^2rH'i>>>i>,2!>> -_•>>>,<_,' 

,cd rtSitfcdcdcdplcdrvjgcdcd 



cd cd 


o 


6 


o o 


O 


o 


pq PQ 


W 






o 




"ts a 


o 


o 


d fl 


+j 




1— 1 r- 1 


XJl 


H3 


6 






O 






o 












bo 






3 







™ >. 



a o 



B?B 



2 o ~ 



d 5 

cd ^ 



fl «2 pq •* pq ^ 



Cd O 

o O 

pq 

•a o 

d -^ 

m CO 



o 



pq m 



Cd CD " ' 

pq j £ 

fa 

-a 

Pi 

cd 



o 


w 




u 


"to 




o 






CD 










pq 


pj 


cd 


pj 


fa 




"8 




o 


O ,cj 




,d 


o 


a 


CO 


co " 


-3 




CO 


cd 




cd co 


1 — 1 


CD 


cd 


s 


£ 


s s 


o 


£ 


£ 


6 










d 




o 










U 




,d 
1 


6 
O 

Pi 

o 

DQ 




y 
a 


6 
O 


d 
O 


PI 
o 
to 
*J 

rH 

cd 




Is-) 


in 

cd 


3 

3 


a5 

pq 


CO 


-2 
o 
Ph 




"cd 


s :§ 


. CP 

a) -a 


s 


cd 




> 


of 


r^ 


r^3 o 


bfi 






Pi 




3 
DO 


> cd 

CO ,C 


3 


> 
co 




cd 
a 


"> 


t-l 

cp 
id 
cd 
>-: 




rQ 
CO 


d 

CD 


aa 


cd 


X 


cd rf 


fa 


o 


s 
ti 






fa 




fa 

a 

d 
3 


fa 

5 
- 


fa 
a 
d 

cd 



s £ g 



o 







j3 




cd 




cd 




CO 




d 




o 






s 


_o 




d 






o 


■u 




cd 




CD 




cd 








+J 




o 




-3 




cd 




3 




d 


CD 


"So 

o 


o 


a 

w 




O 


o 


=4-4 

o 


d 




>. 


CO 


U 


>> 


'3 


C-. 




d 




-t-0 






I 


1— 1 


CO 


X 


d 


£ 


G 
c 

QQ 


Va 


cd 

X 

CD 


o 

7. 


3 

o 


o 

EQ 


o 


cd 




o 


a 


O 


d 


§ 


£ 


Pi 


d 


d 


CO 




r-l 


■I. 




CO 


cd 




O 


cd 


o 


cd 


O 


m 


fc 


O 


Ph" 


O 



<! ^ 



fa 


CD 






















a 








3 

CD 

"3 


_ 

3 

CD 

< 


d 

•4-J 


CD 

bfl 
O 


i 


-2 


CO 

a 


O 



CD 

— -tc. 

Z d 

S - 

CD o 

CO -a b cd 



5 5 .§ s ^ 1 2 « S 



S .2 d fn 



r? cd i— i 



CIO 3 

cd A £ 

O »r-i 



a « cd § 






bo 



o > 

03 CD 

CD J-j 

^ PI 

d <d 

pq o 



CD d 



.S O ^ S S 



-3 -a g5 



> CD s_ — • 



S O K - 4) 



X cd 

fa o 



Sd S 
CD -S 
i-3 J 



•gfa 

5q ^ 

CO --J 

S o 



o 



at < 



404 University of Texas Bulletin 

MESSAGE OF GOVERNOR SAM HOUSTON TO THE 
LEGISLATURE OF TEXAS 

AUSTIN, JANUARY 13, 1860. 

Gentlemen of the Senate and House of Representatives: 

I cannot press too earnestly upon the Legislature the sub- 
ject of common school education. The success of the system 
already in operation is established beyond a doubt. Its ap- 
plication is general, and its defects as few as any system which 
could be applied to a population as scattered as ours. The 
nucleus of a complete system exists already; and we have in 
our public domain the means of strengthening it until its 
capacity will equal the demands made upon it as our population 
increases. No better use can be made of the proceeds of the 
sale of the alternate sections of land reserved to the State for 
any cause, than to apply the same to this fund. 

I would also commend to your consideration the importance 
of extending a reasonable aid to institutions of learning, now 
in operation in our State, supported by private enterprise, and 
encourage by a general law the establishment of others. Our 
citizens have already displayed much zeal and enterprise in 
rearing up in our midst institutions which are accomplishing 
great good. To sustain these is difficult, and as the benefits 
arising from these are to be felt in the general prosperity of 
the State, and the intelligence of the entire people, a proper 
encouragement at the hands of the Legislature should be ex- 
tended. Surrounded by proper guards, a measure of this char- 
acter would be productive of great good. 

The establishment of a university is, in my opinion, a matter 
alone for the future. At this time it is neither expedient nor 
is it good policy to provide for the sale of these lands set 
apart for the university fund. If at some future period it 
should be deemed expedient or in keeping with a more en- 
larged policy to devote our entire energies to a more general 
diffusion of knowledge than a university would afford, or even 
if the voice of the State should demand the establishment of 
one, these lands will then provide the means of advancing the 



Education in Texas 405 

cause of education. When that period arrives their value will 
be greatly increased. If sold now but little will be derived 
from them, and before the expiration of twenty years, the time 
upon which over fifty thousand acres have already been sold, 
the lands will be worth more than three-fold the amount they 
should bring now, with accumulated interest. 

Our common schools fund already provides for the education 
contemplated by the Constitution, and if this amount, thus 
unnecessarily drawn from the general fund, will reduce the 
burthens of taxation, the people will be better able in the future 
to bear taxation to support a University, if one should be 
necessary. 1 



AN ACT 
CONCERNING COMMON SCHOOLS 

Sec. 1. Be it enacted by the Legislature of the State of 
Texas, That when making the annual apportionment of the 
school fund, it shall be the duty of the County Court of each 
county to require of each teacher who claims any money on ac- 
count of the tuition of indigent children, to produce a certificate 
signed by two responsible paying patrons of his school, stating 
that the children reported as indigent, are children whose 
parents or guardians are unable to pay. of orphans whose tui- 
tion is unpaid, or are the children of widows who have no 
greater amount of property than is secured by the Constitu- 
tion and laws for forced sale. And unless upon such cer- 
tificate no money shall be allowed or paid. 
Sec. 2. No Chief Justice shall be allowed to make any 



'Crane, "William Carey, Life and Select Literary Remains of Sam 
Houston, 616; 
Journal of the Senate of Texas, 271-272; 
Journal of the House, 395-96. 



406 University of Texas Bulletin 

charge by way of commission or otherwise against the school 
fund, for his services in relation to the same. 
Sec. 3. This act shall take effect from and after its passage. 
Approved, February 8, I860. 1 



^General Laws of the Eighth Legislature of the State of Texas, 
1860, 69. 



CHAPTER V 

WAR TIME AND RECONSTRUCTION 

The Civil War brought disaster upon the educational institutions 
throughout Texas. From 1861 to 1870 no funds were appropriated from 
the treasury of the State for the support of the school system. Some 
few schools of an elementary character survived and continued a rather 
precarious existence for a few months each year. The more pretentious 
institutions for men ceased except in a very few instances, and all were 
seriously affected. The schools for girls, however, were somewhat 
more fortunate. 

This era of turbulence saw the formation in rather rapid succession 
of three State Constitutions, in 1861, 1866 and 1869. The first of these 
merely reiterated the principles of the former organic law of 1845. 
That of 1866 included among other things a provision for a State Su- 
perintendent of Public Instruction. The Constitution of 1869 was the 
product of the "Radical" element, and contained the most exacting 
provisions ever made for education in the State. It made attendance 
compulsory and provided for a State Superintendent, numerous district 
supervisors, and other officials. 

The demands of the constitution of 1869 were first carried out in 
the law of 1870. 

As this law was regarded with suspicion, indifference, and, in some 
instances, with positive hostility, it produced little or no results. It 
was followed by the drastic enactment of 1871. This new law con- 
tained several radical provisions which led to open revolt on the part 
of the majority of the people. In 1873 attempted modification of the 
severity of the former law was brought about in the interest of harmony 
but the people still refused to be reconciled to the system. 

JOURNAL OF THE SECESSION CONVENTION 
1861 

City of Austin Texas. 
Saturday, March 9,/61 3 o'clock P. M. 



Mr. Moore of Burnet offered the following resolution. 

"Whereas there are some two and a quarter millions of the 
public domain of the State which is set apart to the several 
counties as school lands, and whereas the present inhabitants of 



408 University of Texas Bulletin 

the State can derive no benefit whatever from this munificent 
donation in consequence of constitutional restrictions, and 
whereas the State requires the use of all her available resources 
for the present emergency in fostering her independence and in 
affording that protection to her citizens which is absolutely re- 
quired ; be it therefore, 

"Resolved, That the committee on the Constitution be re- 
quired to inquire into the expediency of reporting an ordinance 
to remove the said constitutional restrictions which prevent the 
disposal of the said lands, and that said committee report upon 
the same by ordinance or otherwise. ' ' 

Mr. Throckmorton offered the following as a substitute. 

"Resolved, that the committee on the Constitution report an 
amendment to the 3rd Section of the 10th Article of the con- 
stitution to provide for the sale of the four leagues of school 
lands belonging to each county in the State, so that the same may 
be made available to the common school fund of the respective 
counties. ' ' 

On motion of Mr. Portis referred to the committee on the 
Constitution. 1 

Committee Room, Austin March 13th 1861. 
Hon. 0. M. Roberts 

President of the Convention. 
Sir 



In looking about for resources belonging to the State, resources 
promising availability from whence to obtain means, the com- 
mittee have found themselves confronted on the one hand by an 
empty treasury, and on the other by a plethoric body known as 
a school fund, into which every successive legislature have ap- 
peared to regard it as a sort of religious as well as patriotic duty 
to empty the property of the people. From statements made to us 
by the controller of the State, there is apparent to a certainty 
that a large deficit will, by January next, exist in the current 
income of the State. 



^Journal of the Secession Convention of Texas, 1861, 130-131. 



Education in Texas 409 

By the provisions of Ordinance No. 2, herewith submitted, it 
will be seen that it is proposed to take from the common school 
fund the 10 pr. centum, deducted from the annual revenue of 
the State, in virtue of Sec. 2, Art. 10 of the constitution, and to 
apply it as far as necessary to the pay of the interest on the 
bonds provided for in Ordinance No. 1. To compensate the 
school fund, the El Paso reserve, estimated to be worth at least 
$•400,000, and consisting of 212 sections, is perpetually secured 
to it. The prant is declared organic, part of the constitution 
and irrevocable. This ought to be regarded as an ample equiv- 
alent, for it will be placing it utterly beyond disturbance. Now 
it is a mere legislative grant and subject to revocation. 

Many gentlemen on the committee, and I among them, con- 
sider the constitutional provision an outrage upon the people 
and as demanding abrogation. When placed in the constitution, 
the State looked to no other means of erecting a common school 
fund, but since then the money arising from' the adjustment of 
the boundary difficulty with the U. S. has fallen into her hands, 
and out of it she has appropriated the magnificent sum of $2,- 
000,000.00, all of which is now productive. If we only look ahead 
and anticipate a few years, what a vast leviathan in the shape 
of a school fund we behold. Ten years hence our State will so 
have grown in every respect that in lieu of a few hundred thou- 
sands of revenue millions will be coming in. Instead of the 10 
pr. cent, yielding the modest sum of $40,000 from $100,000 to 
$200,000 will be extracted from the hard earnings of the people. 
This in the judgments of a majority of the committee will be 
liberality with a vengeance. To educate the rising generation, 
that of the present day must be starved. Besides, what benefit 
at present does the fund yield to public schools? None I may say. 
The interest, say by way of illustration 6 pr. cent, on $40,000, 
or $2,400, is only distributed, giving to each scholar in the State 
the trifling sum of two cents per capita. And, too, this fund, 
taken from the pockets of the people, is now loaned to railroad 
companies at 6 pr. ct. when each tax payer, were he allowed 
to keep it, could loan it at 10 and 12 pr. ct. If it is to be con- 
tinued, in the name of reason let it out for its value. 

Few persons possess anything like a correct idea of the vast- 
ness of the common school fund. In railroad bonds, and in- 



410 University of Texas Bulletin 

demnity bonds of the U. S., there is the magnificent sum of 
$2,-117,500. Besides this, four leagues of land were given to each 
county as a school fund, nine-tenths of the railroad reserves 
and other lands. Competent judges have not hesitated to say 
that the fund in money and lands amounts in value to from four 
to five millions of dollars. This being the case is that great char- 
ity seriously affected by taking from it the 10 pr. cent fund ? The 
majority of the committee think not. 

Ordinance No. 1., herewith reported, it will be seen authorizes 
the sale of $500,000.00 of the U. S. Bonds now in the (Treasury) 
Department. 

The Committee considered several modes by which to raise 
the money. It was suggested that the railroad bonds should be 
pledged — tliat bonds of the State be issued. These plans were 
thought inexpedient as involving, if practicable, too great a 
sacrifice. Hence they concluded to adopt the plan proposed, as 
the only one left. It is at least a feasible one, and one as little 
if not less likely to occasion serious loss than the other plans pro- 
posed in committee. Just at this moment the committee seemed 
to think it was both expedient and proper to get rid of the bonds 
of the U. S., and they deplored the fact that long since they had 
not been disposed of. But a short time since they were nearly 
at par. That they should have been gotten rid of, had those 
administering State affairs duly appreciated the signs of ap- 
proaching disasters, admits of no doubt. Disposed rather to 
interpose obstacles to the will of the people, than to watch and 
guard the public interests, an opportunity has been allowed to - 
escape never again to present itself. What we have to dread is 
that these bonds may become utterly worthless. Even should 
they not, already Texas holds sufficient claims upon the U. S. 
Government. If they should ever be settled, the State may 
justly reclaim from the other party any loss she may now sus- 
tain bjr being forced to sell the bonds. Ultimately she may have 
to submit to no loss. 



All of which is respectfully submitted. 

Robt. C. Campbell 
Chmn. Com. on Finance. 1 



UUd., 150-154. 



Education in Texas 411 

An Ordinance to repeal in part the 2nd Section, Article 10, 
of the Constitution, and for other purposes. 

The People of Texas, in Convention assembled have ordained 
and declared, and do ordain and declare as follows, to-wit : 

SECTION 1. That so much of section 2, Article 10, of the 
Constitution of the State as (2) provides for deducting from and 
setting apart as a fund for public Free Schools, ten per (3) 
centum of the annual revenue, and the law passed on the 11th 
day of February, 1850, (4) (vide Oldham & White's Digest, p. 
59, art. 132) in pursuance thereof, be and they are hereby ab- 
rogated and repealed. 

SECTION 2. In order to replace on a permanent footing the 
fund taken from the common (2) school fund by the first section 
of this ordinance, the lands now surveyed, and their (3) pro- 
ceeds when sold, known as the alternate sections along the line 
of the Memphis, El (4) Paso and Pacific Railroad, in about 212 
sections, are hereby declared to belong to and (5) constitute part 
of the Common School Fund, and, that the grant created by this 
section (6) may be perpetual, the same is hereby declared to be 
organic and as part of the Constitution (7) of the State irrev- 
ocable. 

SECTION 3. That the semi-annual interest accruing upon the 
bonds, provided for by an (2) ordinance, entitled, "an ordi- 
nance to raise money to defray the extraordinary expenses (3) 
arising from the condition of public affairs, and to pay the ex- 
penses of the Convention," (4) may be punctually met, the fen 
per centum school fund mentioned in the first section of (5) this 
ordinance, as the same is received into the State Treasury, is, as 
far as may be (6) required therefor, hereby appropriated to pay 
and satisfy said semi-annual interest, and (7) which interest, 
when paid, shall be distributed as the income from the common 
school (8) fund is now distributed. 

SECTION 4. That when said semi-annual interest is paid, the 
residue of said ten per centum (2) school fund is to pass into 
the general fund of the Treasury, subject to appropriation (3) 
as in other cases. 1 



"The number in brackets indicate the number of the line of the 
printed bill. 



412 University of Texas Bulletin 

Mr. Robertson of Bell submitted the following report from a 
minority of the committee: 

Committee room, March 14, 1681, 
Hon. 0. M. Roberts, 

President of the Convention. 

The undersigned, a minority of the committee on Finance, 
beg leave to dissent from that portion of the report of the ma- 
jority of the committee made to the Convention this morning 
which recommends the repeal of the 2nd section of the 10th art. 
of the Constitution. The section proposed to be repealed reads 
as follows : 

"The Legislature shall as early as practicable establish free 
schools throughout the State, and shall furnish means for their 
support by taxation on property; and it shall be the duty of the 
Legislature to set apart not less than one-tenth of the annual 
revenue of the State derivable from taxation, as a perpetual 
fund, which fund shall be appropriated to the support of the 
free public schools; and no law shall ever be made diverting 
said fund to any other use; and until such time as the Legisla- 
ture shall provide for the establishment of such schools, in the 
several districts of the State, the fund thus created shall remain 
as a charge against the State passed to the credit of the free 
common school fund." 

It will be observed that this clause of. the constitution is the 
very ground work of the common school system of the State and, 
in connection with the other sections of the 10th article of the 
constitution, constitutes the entire basis upon which the whole 
system rests. It is also worthy of notice that this section contains 
two distinct propositions. The first is that the legislature shall 
as early as practicable establish free schools throughout the State 
and shall furnish means by taxation on property for their sup- 
port. The second proposition requires the legislature "to set 
apart not less than one-tenth of the annual revenue of the State 
derivable from taxation, as a perpetual fund, which fund shall 
be appropriated to the support of free public schools." The 
legislature has not fully complied with the first one of these re- 
quirements. Free schools throughout the State have been estab- 
lished, but no tax has been levied, as this clause requires, upon 



Education in Texas 413 

property to support them. The one-tenth becomes a permanent 
fund, and is also to go to the support of free schools, and the 
legislature is prohibited from ever diverting this fund. The 
first one of these requirements was to take effect in the future at 
such time as the legislature might deem the scholastic population 
sufficient and the finances of the State would permit the estab- 
lishment of free schools. The last requirement, setting aside one- 
tenth of the revenue, took immediate effect. Therefore should 
the Convention repeal this section of the constitution the effect 
will be not only to take one-tenth of the revenue from the school 
fund but it will destroy the constitutional provision which re- 
quires the establishment and support of schools, so happily pro- 
vided for in the organic law of the State, and leave the system 
dependent wholly upon the caprice of subsequent legislation. 

By an act of the legislature of date January 31, 1854, two mil- 
lions of the United States five per cent bonds were set aside as a 
fund for the support of the free schools, the bonds to be loaned to 
railroads and the interest accruing to be distributed among the 
counties. By another act the one-tenth of the revenues which had 
previously accrued and were afterwards to accrue, were required 
also to be invested in the five per cent bonds and loaned in the 
same manner. Other acts require the proceeds arising from the 
sale of the public domain to be added to the school fund. It is 
from these several sources that we have for distribution, in the 
year 1860, among the several counties the sum of $104,447.00. 
The number of the scholastic population amounting to 101,000. 
So we find that, if the money was distributed equally among the 
scholars, there would be something over one dollar to each one. 
But, in a spirit of liberality and justice worthy the age in which 
we live, and actuated by the highest and truest sense of duty, 
the legislature wisely provided that the whole amount of the 
school fund subject to distribution shall be applied to the payment 
of the tuition, first, "of all children whose parents or guardians 
are unable to pay the same, of orphans whose tuition has not been 
paid, and the children of widows who have no greater amount of 
property than is secured by the constitution from forced sale. ' ' If, 
after the indigent children, orphans and the children of widows 
have been provided for, there remains a surplus, it is to be di rided 



414 University of Texas Bulletin 

among the paying patrons. Tims it will be seen that the whole 
amount derivable from all sources is barely sufficient to do more 
than provide the means of an ordinary education for those un- 
fortunate children who are without fortune, friends or relative 
to protect, educate, and fit them for society. Never, in any age 
or country, has there been a more wise, just and humane pro- 
vision of law. It is not only the poor unfortunate children of 
Texas who are to be reclaimed from ignorance and a feeling of 
inferiority unworthy of freemen, but the wealthy classes are 
alike to be benefited on account of superior intelligence of those 
who sit upon juries, and who will constitute a large proportion 
of that society of which ourselves and our children are to be 
members. Surely then the representatives of the people of Texas 
will not destroy this fund which has heretofore been regarded 
as sacred, and which is the hope of so many of the widows, or- 
phans and helpless ones of our noble State. 

The undersigned are of the opinion that no necessity exists, 
or is likely to occur, which requires this provision of the organic 
law to be repealed. And we are very far from admitting that 
we are without resources to meet the interest on the $500 ; 000 of 
State bonds proposed to be issued. 

There is yet due the State on the University lands heretofore 
sold and to be paid before January 1869, of principal and in- 
terest $155,938.20. There remains unsold of the University lands 
164,200 acres. There can be realized from these lands, to be 
sold as proposed by the committee, by January 1869, $523,600.44. 
Then, add the proceeds of the sales of the 135,680 acres of land 
in the Memphis El Paso Railroad reserve, to be sold in the same 
manner as the University lands, at a minimum} price of two dol- 
lars per acre, and we will have the further sum of $325,758, 
making a sum total of principal and interest derivable from 
these sources up to January, 1869, of something over one million 
of dollars, leaving untouched the one-tenth of the revenues set 
aside by the constitution for the support of free schools. 

It may not be uninteresting to reflect a moment and contem- 
plate what the amount of this school fund will be fifty years 
hence if fostered and protected. Taking $36,000 as the basis, 
the amount for this year, and supposing the increase of property 



Education in Texas 415 

and its value at 10 pr. ct. pr. annum, at the end of fifty years 
we have a fund from this source of $46,293,688, the interest on 
this vast sum to be distributed for the support of schools, and 
accumulated so imperceptibly as not to be felt by the people. 

Fifty years hence the population of this great State will have 
increased to millions, and notwithstanding such vast increase in 
the population as we know will take place, yet the school fund 
will have so increased, and even long before the period alluded 
to, that not only the indigent and orphan children can be edu- 
cated by the State, but every child of Texas, of however exalted 
or humble parentage, can be most munificently cared for and 
educated. Let those who this day control the destinies of Texas 
not prove recreant to the high trust committed to them by those 
men whose strong arms and stout hearts redeemed Texas from 
Mexican tyranny and bigotry, and who so wisely conceived and 
inaugurated this just and humane policy of educating the masses. 
It is idle to say that the people have complained of this pro- 
vision of the constitution. When they do it will be time enough 
to consider of its repeal. 

In addition to the foregoing constructions, it may not be im- 
proper to suggest that the history of past legislation abundantly 
establishes the fact, that but for the constitutional inhibition 
on the powers of the legislature the entire amount of the revenue 
would from session to session be appropriated and expended, 
and it is confidently believed that whatever amount is placed by 
the organic law beyond the reach of the legislative appropria- 
tions will be almost a clear saving to the tax payers of the State. 

It should be remembered that the school fund is not an idle 
fund, but that as it accumulates it is to be invested in the bonds 
of the Railroad companies in the State. Thus it will be seen 
that every class of our citizens is benefited. And everyone ac- 
quainted with the history of the State must know that had it not 
been for the blending of the school system with that of internal 
improvements, Texas this day would have been destitute of 
railroads, and without that certain prospect of having the vast 
interior of our State penetrated by these arteries of trade and 
commerce. Let us guard and foster these two great interests of 
the State, and let them go hand in hand together. By so doing 



416 University of Texas Bulletin 

we conceive the truest aiid best interests of the State will be 
subserved. 

The undersigned will add that it may not be improper, in 
their judgment, to so amend the organic law as to provide that 
the one-tenth of the annual revenues of the State, sufficient for 
the ordinary expenses of carrying 'on the State government, 
shall be a permanent fund for the support of free schools, and 
that the one-tenth should not be taken from any increase of the 
taxes which may have to be levied to meet the extraordinary 
expenditures, such as the debt already contracted for frontier 
defense or to repel invasion. 

Respectfully presented, 

J. W. THROCKMORTON, 
Wm. H. STEWART, 
E. S. C. ROBERTSON. 
On motion of Mr. Campbell 200 copies of the reports and 
ordinances were ordered to be printed. 1 

THE CONSTITUTION OP THE STATE OF TEXAS 

As Amended in 1861 



ARTICLE X 
EDUCATION 

Section 1. A general diffusion of knowledge being essential 
to the preservation of the rights and liberties of the people, it 
shall be the duty of the Legislature of this State to make suitable 
provisions for the support and maintenance of public schools. 

SEC. 2. The Legislature shall, as early as practicable, estab- 
lish free schools throughout the State, and shall furnish means 
for their support, by taxation on property: And it shall be the 
duty of the Legislature to set apart not less than one-tenth of 
the annual revenue of the State derivable from taxation, as a 
perpetual fund, which fund shall be appropriated to the support 



x lUd., 157-163. 



Education in Texas 417 

of free public schools, and no law shall ever be made diverting 
said fund to any other use ; and until such time as the Legisla- 
ture shall provide for the establishment of such schools in the 
several Districts of the State, the fund thus created shall remain 
as a charge against the State, passed to the credit of the free 
common schcol fund. 

Sec. 3. All public lands which have been heretofore, or which 
may hereafter be granted for public schools, to the various coun- 
ties, or other political divisions in this State, shall not be alien- 
ated in fee, nor disposed of otherwise than by lease for a term 
not exceeding twenty years, in such manner as the Legislature 
may direct. 

Sec. 4. The several counties in this State which have not re- 
ceived their quantum of lands for the purposes of education, shall 
be entitled to the same quantity heretofore appropriated by the 
Congress of the Republic of Texas to other counties. 1 

INAUGURAL ADDRESS OF GOV. MURRAH 

Gentlemen of the Senate and House of Repre- 
sentatives, Ladies, and you, my Fellow-Citizens : 



In the midst of this revolution, the education and the training 
of the rising generation appeals with peculiar force to the whole 
society and to the authorities of government, so far as they have 
control over the subject. We are losing many men by the cas- 
ualties of the war, and many others are absent from home be- 
neath the banner of their country contending with the foe, 
some of whose sons cannot be educated unless they receive aid 
from the State through that system which finds its foundation 
in the Constitution. The lapse of but a few years will introduce 
the youth of the land upon the stage of active life, to act their 
part in society for good or for evil. Every consideration as to 
the welfare of society, and of government, under our institu- 
tions, requires that they should be trained, educated and pre- 



^The Constitution of the State of Texas, as Amended in 1861, 36-37. 



418 University of Texas Bulletin 

pared for the stern and varied duties that lie before them as 
citizens. 1 

MESSAGE OF GOV'R P. MURRAH 
TO THE TENTH LEGISLATURE 

Senators and Representatives: 



T feel constrained to bring to your attention the subject of 
Common Schools, and the condition of the support provided for. 
them by law. For the past two years the amount distributed in 
support of these schools has been insignificant. The report of 
the Treasurer and Ex-officio Superintendent is before you, and 
reveals the aid received by them from the State for the period 
mentioned. The cause of education is a sacred one, and if neg- 
lected, the only satisfactory excuse that can be given to society 
and to the rising generation, must be NECESSITY. We know 
not how long the war may continue, and we should shape our 
ends in reference to this uncertainty. This fact alone is suf- 
ficient to demonstrate the great and general interests involved 
to the growing minds of the State, in making that system, whose 
foundations rest in the Constitution, as efficient as the facts con- 
nected with the subject and the surroundings of the country will 
permit for their benefit. The benefits to flow from this system 
of popular education, were intended, primarily for the poor; 
and if this fountain is dried up, their prospects and hopes of 
mental culture and training are blasted. The interests of society 
and of government, the future usefulness and respectability of 
many a poor boy — sons, perhaps, of fathers who have perished 
upon the field of glory in defending their country — sons of those 
who are still battling in freedom's cause, but who are unable to 
provide for the education of their children, are involved in this 
matter. I know that the subject is surrounded by embarrass- 
ments, and perhaps the greatest embarrassment is the currency. 

There is due to the Common School fund, upon Bonds of R. R. 
Co.'s, about three hundred and forty -five thousand, three hun- 



Unaugural Address of Gov. P. Murrah Delivered November 5th, 1863, 7. 



Education in Texas 419 

dred and seventeen dollars and sixty cents, ($345,317.60.) The 
annual accumulation of interest upon these bonds as they now 
stand, is about one hundred and six thousand, eight hundred 
and fifty-eight dollars and eighty cents ($106,858.80). The 
Bonds of these Companies will, in a few years, begin to fall due 

then, with years of accumulated interest against them, their 

rolling stock, bridges, superstructures, &c, worn and deteriorated 
during the war, while they have no chance to procure a new sup- 
ply, it is not difficult to foresee that some of them, if not all, may 
be greatly embarrassed. 

The interests of the R. R. system and the Common School 
system are connected through the policy of State legislation, and 
the State is interested in fostering, preserving and extending 
both systems ; but this policy is defeated as soon as one system 
is permitted to destroy the other. 

The currency renders the subject exceedingly embarrassing. 
From what I have learned, Companies have failed to pay the 
interest upon their Bonds, only because they are not permitted 
to do so in such currency as they could command. What the 
condition of the Companies now is, and what their ability to pay, 
I am not informed. I have heard that some would pay, if per- 
mitted to do so, in Treasury Warrants, but I vouch not for the 
correctness of the statement. 

The practical end to be aimed at, as it seems to me, is to secure 
to the State the same amount of tuition, or an approach to it, 
for the sums due the School Fund, that might have been secured, 
heretofore, under existing laws. Is this end attainable? Of 
course, I do not intend to be understood as indicating, that in 
opposition to the general policy of the State in suspending the 
laws for the collection of debts, that an exception should be 
made of R. R. Co. 's. To make such an exception, and to force, 
or attempt to force them to payments in a currency that they 
could not command, I should deem unjust and oppressive, and 
it would certainly, for a long time, defeat the objects that might 
be attained by managing this whole subject with a practical 
wisdom, that may secure justice to the School fund, upon some 
plan that would, under the circumstances surrounding the coun- 
try, be at the same time just to R. R. Companies. 



420 University of Texas Bulletin 

I have thus arranged these facts and considerations, that this 
whole subject might receive at your hands that full, liberal, and 
practical consideration which its great and general importance 
deserves, and with the hope that you may be able to work out 
practical results, just to the two great public interests involved. 

P. MURRAH. 1 
CO-EDUCATION 

Minutes of the Board Trustees, Waco University and Classical 
School. Waco, July 19, 1865 



The question of establishing a Female department to the Uni- 
versity was then freely discussed, where upon the following reso- 
lution was unanimously agreed to and adopted by the board : 

Whereas it was the original design of the friends and trustees 
of the Waco University to provide for the education of the youth 
of both sexes and, whereas, in the opinion of the trustees the 
•time has arrived to begin a female department. 

Resolved : That we believe the enterprise practicable only as 
combined with the male department and as such resolved further 
that we do organize a female department combined with the male 
both to be presided over by the same president and taught by the 
same teachers. 

Resolved further, That the executive committee be instructed to 
have the college buildings made comfortable and to add such 
other improvements as the means placed in their hands will en- 
able them to do to provide accommodation for the female depart- 
ment, and carry into effect the foregoing resolutions. 

Secretary. 2 

JOURNAL OP THE TEXAS STATE CONVENTION 

Tuesday, February 13th, 1866. 



Mr. Whitfield offered the following resolution : 

Resolved, That the Committee on Education ascertain from 



1 Message of Gov'r P. Murrah to the Tenth Legislature, 9-10. 
Archives of Baylor University. 



Education in Texas 421 

the Governor and Heads of Departments such information as 
they may be able to impart as to the amount of funds on hand 
belonging- to the Common School fund, the amount due from 
the State, and the several railroads, to said fund. 

Also, that the Committee ascertain what amount of the public 
lands have been surveyed and set aside for Common Schools, and 
under what laws, if any, the unappropriated public domain, or 
the proceeds arising- from the sale thereof, have been set aside 
for school purposes. 

Also, that the Committee ascertain from the Commissioner of 
the General Land Office the amount of lands that have been sur- 
veyed for the several counties, under the law of the Republic, 

and the Constitution of the State, granting to each county 

leagues of land for school purposes. 

That the Committee be instructed to report such measures as 
may be deemed proper to secure the various amounts due to the 
school fund. 

Also, that said Committee inquire into the expediency of pro- 
viding in the Constitution for the electing, by the people, of a 
Superintendent of Common Schools. 

Adopted. 1 



Thursday, February 15, 1866. 



Mr. Wilson also offered the following: 

Resolved, That the Committee on Education be requested to 
direct their attention to Section 2, Art. X, of the Constitution, 
and determine as to whether the same should not be stricken out, 
or amended, and report their action in the matter. 



Journal of the Texas State Convention, Assembled at Austin, Feb. 
7, 1S66, 32-37. 



422 University of Texas Bulletin 

Pending which, on motion, the House adjourned until 10 
o'clock tomorrow morning. 1 

Friday, February 16th, 1866. 



Mr. Saunders offered the following resolution: 
Resolved, That the Comptroller of the State be required to 
furnish this Convention with such data as may be in his posses- 
sion as to the amount and character iof funds paid for school 
lands daring the existence of the rebellion. 
Laid over, to come up in order. 2 



Saturday, February 24th, 1866. 



Mr. Taylor of Houston made the following report from the 
committee on Education : 

Committee Room, February 23d, 1866. 
Hon. J. W. Throckmorton, President of the Convention: 

The committee on Education, to whom were referred various 
resolutions asking information in relation to the amount and 
condition of the common school fund, and the amount of lands 
set apart for school purposes, &c, have had the same under con- 
sideration, and instruct me to report that there is now due and 
belonging to the Common School fund as follows, to-wit: 
Balance due upon principal of railroad companies, 

in bonds, $1,753,317.00 

Interest due on same, to March 1, 1866 300,614.90 

Total amount due by railroads 2,053,931.90 

" on land sales 158,409.32 

l IUd., 45. 
2 Ibid., 47. 



Education in Texas 423 

School Fund 1,139,651.24 

Whole Amount of School Fund 3,351,992.46 

The State is indebted to the University Fund as follows, viz : 

To U. S. Bonds $ 100,000.00 

Interest on the same I. . 9,888.92 

Amount received on account of University lands 

sold 197,798.12 

Total amount of University Funds $ 397,686.04 

The several counties in the State are entitled by law to four 
leagues of land each, for school purposes. 82 counties have re- 
ceived patents for the full amount of their lands; 23' counties 
only a portion, and 51 counties none at all. Acres of University 
lands located, 220,866 ; acres sold, 58,683 ; total amount Univer- 
sity lands located and unsold, 162,183 acres. 

I am also instructed by a majority of said committee to report, 
that they have carefully, and with great deliberation, examined 
the 10th Article of the Constitution of the 'State of Texas, as 
adopted in 1845, and recommend the adoption of the accompany- 
ing- ten Sections, 1 in lieu of the four Sections as they now stand 

J Ten Sections are as follows: 

ARTICLE 10. EDUCATION. 

Section 1. A general diffusion of knowledge being essential 
to the preservation of the rights and liberties of the people, it 
shall be the duty of the Legislature of this State to make suitable 
provisions for the support and maintenance of public schools. 

Section 2. The Legislature shall as early as practicable estab- 
lish a system of free schools throughout the State ; and as a basis 
for the endowment and support of said system; all the funds, 
Lands and other property heretofore set apart and appropriated 
or that may hereafter be set apart and appropriated for the sup- 
port and maintenance of Public schools, shall constitute the pub- 
lic school fund, and said fund and the income derived therefrom 
shall be a perpetual fund exclusively for the education of all 



42-1 University of Texas Bulletin 

in said 10th Article of said Constitution; and they also recom- 
mend the adoption of the accompanying ordinance to secure the 
payment., by the State, of the funds due to the common school 
and university funds. All of which is respectfully submitted. 

Received, to come up in order. 

Mr. Taylor of Houston also introduced the following 

ORDINANCE 
To provide for the Payment by the State, of the Sums of Money 
due the Perpetual Public School Funds: 

Section 1. The Legislature, at its first session, shall provide 
that the Governor shall cause to be issued the Coupon Bonds of 
the State, to an amount equal to the sum now due the perpetual 
public school fund by the State, said bonds 'tjo be placed to the 
credit of the school fund ; these bonds to draw interest at a rate 
not less than six per centum per annum ; and also to provide, in 
like manner, for the payment of the sum due the university fund 
by the State. The bonds issued as above provided for shall bear 
interest from the date of their issuance. 

Read first time. 

the white scholastic inhabitants of this State and no Law shall 
ever be made appropriating said fund to any other use or pur- 
pose whatever. And until such time as the Legislature shall 
provide for the establishment of such system of public schools 
in the State, the fund thus created and the income derived there- 
from shall remain as a charge against the State and passed to 
the credit of the free common school fund. 

Section 3. And all the alternate sections of Land reserved by 
the State out of grants heretofore made or that may hereafter 
be made to Rail Road Companies or other Corporations, of any 
nature whatever; for internal improvements or for the develop- 
ment of the wealth and resources of the State, shall be set apart, 
as a part of the perpetual School fund of the 'State; Provided 
that if at any time hereafter any portion of the public domain 
of this State shall be sold, and by virtue of said sale the juris- 
diction over said land shall be vested in the United States Gov- 
ernment, in such event one-half of the proceeds derived from 
said sale shall become a part of the perpetual school fund of the 



Education in Texas 425 

Mr. Taylor of Houston moved a suspension of the rules, in 
order that the report might be taken up. 

Carried. 

And he further moved, that 300 copies be printed, and made 
special order for Tuesday next, at 11 o'clock. 

Carried. 1 



Tuesday, February 27th, 1866. 



On motion of Mr. Gentry, the special order for the hour (re- 
port of committee on Education) was postponed until 11 o'clock 
to-morrow. 2 



Friday, March 16th, 1866. 



Article X, Education, taken up. 

Mr. McCormack offered the following amendment : 

State ; and the Legislature shall hereafter appropriate one-half 
of the proceeds resulting from all sales of the public Lands to 
the perpetual Public School fund. 

Section 4. The Legislature shall provide from time to time 
for the sale of Lands belonging to the perpetual Public School 
fund, upon such time and terms as it may deem most expedient ; 
provided That in all cases of sale the preference shall be given 
to actual settlers upon time, and further provided that the Leg- 
islature shall have no power to grant relief to purchasers, by 
granting further time for payment but shall in all cases provide 
for the forfeiture of the land to the State for the benefit of per- 
petual Public School fund; and that all interest accruing upon 
such sales shall be a part of the income belonging to the School 



UUd., 91-92. 
2 IUd., 104. 



426 University of Texas Bulletin 

"Strike out the word 'white,' 6th line, 2d Section." 
Mr. Beall offered the following as a substitute for the or- 
dinance : 

ARTICLE X EDUCATION 

Resolved, That all the lands, funds, and other property, known 
as, or belonging to, the school fund, shall revert to the State, to 
be used as the Legislature may deem most conducive to the 
public benefit. 

Mr. Whitfield moved to lay the amendment and substitute on 
the table. 

On motion of Mr. Davis of Webb, a division of the question 
was granted. 

The question recurring on laying Mr. Beall 's substitute on the 
table, the same was put, and the substitute was laid on the table. 

Fund and subject to appropriation annually for educational 
purposes. 

Section 5. The Legislature shall have no nower to appro- 
priate any part of the principal sum of the perpetual school fund 
for any purpose whatever; and i^ shall be the duty of the Legis- 
lature to appropriate annually the income which may be derived 
from said fund for educational purposes, under such system as 
it may adopt ; and it shall from time to time cause the principal 
sum now r on hand arising from sales of land or from any other 
source, to be invested in the Bonds of the United States of Amer- 
ica, or the Bonds of the State of Texas or such bonds as the State 
may guarantee for internal improvement purposes. 

Sect. 6. All public lands which have been heretofore, or 
may be hereafter granted for public schools to the various coun- 
ties or other political divisions in this State shall be under the 
control of the Legislature, and may be sold on such terms and 
under such regulations as the Legislature shall by law prescribe, 
and the proceeds of the sale of said lands, shall be added to the 
perpetual public school fund of the State. But each County 
shall receive the full benefit of the interest arising from the pro- 
ceeds of the sale of the lands granted to them respectively. 

Section 7. The Legislature may provide for the levying of a 



Education in Texas 427 

The question recurring on laying the amendment of Mr. Mc- 
Cormack on the table, and the Yeas and Nays being called for, 
stood thus: 

Yeas — Messrs. Allen, Anderson, Armstrong, Bacon, Ball, Beall, 
Benge, Bradshaw, Bumpass, Burke, Camp of Goliad, Camp of 
Upshur, Dalrymple, Davis of Cherokee, Flanagan, Gentry, Gid- 
dings, Hancock, Hart, Henderson, Hill, Hunt, Hurt, Ireland, 
Johnson of Tarrant, Johnson of Titus, Jones of Bastrop, Lane, 
Latimer, Ledbetter, Lindsey, Mabry, Middleton, Nelson, Nor- 
ton, Norris, Parker, Parsons, Perry, Porter, Randolph, Record, 
Reeves, Runnels, Saunders, Saufley, Selman, Shields, Shaw, 
Slaughter, Smith of Colorado, Spaight, Taylor of Fannin, Taylor 
of Houston, Waul, Walker, Whitfield, Wilson, Woods, and 
Young — 60. 

Nays — Messrs. Davis of Webb, Degener, McCormack, Mur- 
chison, Shepard and Varnell — 6. 

So the amendment was laid on the table. 

The question recurring on the engrossment of the Article. 

Mr. Degener offered the following amjendment : 

"Strike out the words 'one-half of,' 8th line, Section 3." 

Mr. McCormack offered the following amendment: 

Sec. 2. After "State" in the second line, insert "providing 

direct tax for educational purposes; provided that all the sums 
arising from said tax which may be collected from Africans or 
persons of African descent shall be exclusively appropriated for 
the maintenance of a system of public schools for Africans and 
their children ; 

Section 8. The monies and lands heretofore granted to or 
which may hereafter be granted for the endowment and support 
of one or more Universities shall constitute a special fund for 
the maintenance of said Universities, and the principal sums of 
said fund shall be invested in like manner, and under the same 
restrictions as provided for the investment and control of the 
perpetual public school in Sections (4 and 5) four and five of 
this article of the Constitution, and the Legislature shall have 
no power to appropriate the University fund for any other pur- 
pose than that of the maintenance of said Universities, and the 
Legislature shall at an early day make such provisions by Law 



428 • University of Texas Bulletin 

so that the white schools and. colored schools shall be kept sep- 
arate and. distinct. ' ' 

The question being on the adoption of the amendment of Mr. 
McCormack. 

Mr. Bradshaw moved to lay said amendment on the table, and. 
the Yeas and Nays being called, stood thus : 

Yeas — Messrs. Allen, Anderson, Armstrong, Ball, Beall, Benge, 
Bradshaw, Bumpass, Burke, Camp of Goliad, Camp of Upshur, 
Dalrymple, Davis of Cherokee, Flanagan, Gentry, Giddings, 
Hancock, Hart, Hill, Hunt, Hurt, Ireland, Johnson of Tarrant, 
Johnson of Titus, Jones of Bexar, Lane, Latimer, Leclbetter, 
Lindsay, Mabry, Middleton, Nelson, Norton, Norris, Parsons, 
Perry, Phillips, Porter, Randolph, Record, Reeves, Roberts, Run- 
nels, Saunders, Saufley, Shuford, Shaw, Smith of Colorado, 
Spaight, Taylor of Fannin, Taylor of Houston, Thomas of Cam- 
eron, Walker, Whitfield, Woods and Young — 56. 

Nays — Messrs. Bacon, Davis of Webb, Degener, McCormack, 
Murchison, Parker and Waul — 7. 

So the motion prevailed. 

as will organize and put into operation the University. 

Section 9. The Legislature shall elect an officer to be styled 
the "Superintendent of Public Instruction," who shall be 
elected by the Legislature. His term of service shall be four 
years, and his annual salary shall not be less than ($2000) Two 
Thousand Dollars, payable at stated times, and the Governor, 
Comptroller and Superintendent of Public Education shall con- 
stitute a board to be styled the Board of Education, and shall 
have the general management and control of the perpetual pub- 
lic school fund, under such regulations as the Legislature may 
hereafter prescribe. 

Section 10. The several counties in this State which have not 
received their quantum of the lands for the purposes of educa- 
tion shall be entitled to the same quantity heretofore appropri- 
ated by the Congress of the Republic of Texas and the State to 
other counties. 1 



'Copied from the original manuscript draft of the Article. Found in 
the vaults of the Secretary of State. 



Education in Texas . 429 

Mr. Davis of Cherokee offered the following amendment to 
the 2d Section : 

"And the Legislature shall not, under any pretense what- 
ever, loan said fund, or any part thereof, for any purpose what- 
ever. ' ' 

Withdrawn. 

Mr. Degener offered the following amendment to the 3rd 
Section : 

' ' Strike out the words ' one-half of, ' 8th line. ' ' Lost. 

Mr. Ireland moved to amend the 4th Section by striking out 
the words "upon time," 3d line. 

Adopted. 

Mr. Davis of Cherokee offered following amendment to the 
5th Section : 

Insert the words "or loan," between the words "appropriate" 
and "any," in the first line. 

Mr. Bradshaw offered the following amendment to Section 5 : 

"Strike out all after the word "Texas," in the sixth line." 

Withdrawn. 

Mr. Wilson moved to lay the amendment of Mr. Davis of 
Cherokee on the table, and the Yeas and Nays being called, 
stood as follows : 

Yeas — Messrs. Allen, Anderson, Camp of Upshur, Dalrymple, 
Gentry, Giddings, Gurley, Hunt, Hurt, Johnson of Titus, Jones 
of Bastrop, Jones of Bexar, Latimer, Mabry, McCormack, Nel- 
son, Parsons, Phillips, Randolph, Record, Reeves, Roberts, 
Saufley, Shepard, Shields, Spaight, Taylor of Houston, Whit- 
field and Wilson— 29. 

Nays — Messrs. Bacon, Ball, Beall, Benge, Bradshaw, Bumpass, 
Burke, Camp of Goliad, Davis of Webb, Davis of Cherokee, 
Degener, Flanagan, Hancock, Hill, Ireland, Ledbetter, Middle- 
ton, Murchison, Norton, Norris, Parker, Perry, Saunders, Sel- 
man, Shaw, Smith of Colorado, Taylor of Fannin, Thomas of 
Cameron, Thompson, Varnell, Walker, Waul, Woods and 
Young — 34. 

Lost. 

Mr. Smith of Colorado offered the following as a substitute 
for the amendment of Mr. Davis of Cherokee: 



430 University of Texas Bulletin 

After the word appropriate, in the 1st line, insert the words 
"or loan or invest, except as follows." 

Adopted. 

The question recurring- on the adoption of the substitute as 
part of the Section, the same was put, and adopted. 

Mr. Ireland offered the following amendment to 5th Section: 

Strike out all after the word "guarantee," in the 7th line. 

Adopted. 

Mr. Bompass offered to amend as follows : 

Strike out all after the word "America," in the 6th line. 

And the Yeas and Nays being called for, stood thus: 

Yeas 5 — Messrs. Bradshaw, Bumpass, Davis of Webb, Davis of 
Cherokee, Degener, Flanagan, Hart, McCormack, Murchison, 
Norton, Parker, Perry, Saunders, Taylor of Fannin and Young 
—15. 

Nays — Messrs. Allen, Anderson, Bacon, Ball, Beall, Benge, 
Burke, Camp of Upshur, Dalrymple, Gentry, Giddings, Gurley, 
Hancock, Henderson, Hill, Hunt, Hurt, Ireland, Johnson of 
Titus, Jones of Bastrop, Latimer, Ledbetter, Mabry, Nelson, 
Norris, Phillips, Record, Reeves, Roberts, Saufley, Shields, Shaw, 
Smith of Colorado, Spaight, Taylor of Houston, Thomas of Cam- 
eron, Thompson, Varnell, Walker, Waul, Whitfield, Wilson and 
Woods— 43. 

Lost. 

Mr. Thompson offered the following amendment to Section 5 : 

Strike out all after "whatever," in 2d line, down to "and it," 
in the 4th line. 

Lost. 

Mr. Hart moved to adjourn until 9y 2 o'clock tomorrow 
morning. 

Carried. 1 



Saturday, March 17th, 1866. 



The question pending at the hour of the last adjournment, 
viz: Art. X, Education, again taken up. 



Ubid., 198-201. 



Education in Texas 431 

Mr. Camp of Upshur offered the following as a substitute 
for the Article under consideration : 

ORDINANCE 

Be it ordained, That the school fund, heretofore set apart by 
the State for educational purposes, together with all lands, 
known as school lands, including University lands, &c, shall be 
divided by the Legislature among the several counties of this 
State, according to the scholastic population of each ; and should 
the Legislature find the division of the lands above specified im- 
practicable, in that event they may order the sale thereof on 
such terms as they may deem best; the proceeds arising from 
said sales, together with the fund so divided, shall be used by 
the several counties for educational or other purposes, as the 
County Courts thereof may determine : Provided, that the lands 
heretofore located, or that may hereafter be located, by the sev- 
eral counties of this State, shall not be included in this division, 
but shall be retained, and remain at the disposal of those coun- 
ties by which they were so located, at the discretion of their 
several County Courts. 

Mr. Runnels offered the following as a substitute for the first 
four lines of Mr. Camp 's substitute : 

That the school fund heretofore set apart by the Legislature 
of the State for educational purposes revert to the Treasury of 
the State, the principal and interest, either or both of which, (as 
the emergency may require,) shall be used and appropriated by 
the Legislature in payment of the public indebtedness, and the 
ordinary expenses of the State Government hereafter arising: 

Provided, that in no event shall the Legislature have power to 
relieve the corporations from the full payment of their indebt- 
edness, or any portion thereof, (either whole or in part,) to 
said fund. 

Mr. Norton moved to lay the substitute of Mr. Camp and the 
substitute of Mr. Runnels on the table. 

On motion of Mr. Hart, a division of the question was granted. 

The question being on laying the substitute of Mr. Runnels on 
the table, and the Yeas and Nays being called for stood thus : 

Yeas — Messrs. Armstrong, Bacon, Benge, Bumpass, Davis of 



432 University of Texas Bulletin 

Webb, Degener Drake, Gentry, Hart, Henderson, Hunt, Hurt, 
Johnson, of Titus, Jones of Bastrop, Lane, Latimer, Ledbetter, 
Mabry, McCormaek, MMdleton, Murchison, Nelson, Norton, 
Parker, Perry, Phillips, Ranck, Randolph, Saufley, Shepard, 
Shields, Smith of Lamar, Taylor of Houston, Thomas of Cam- 
eron, Varnell, Whitfield, and Woods — 37. 

Nays — Messrs. Allen, Ball, Beall, Bradshaw, Burke, Camp of 
Goliad, Camp of Upshur, Dalrymple, Davis of Cherokee, Flan- 
agan, Gicldings, Hancock, Hill, Ireland, Johnson of Tarrant, 
Lindsey, Norris, Record, Reeves, Richardson, Roberts, Runnels, 
Saunders, Selman, Shaw, Smith of Colorado, Taylor of Fannin, 
Thompson, Walker, Waul, and Young — 31. 

So the substitute of Mr. Runnels was laid on the table. 

The question recurring on the adoption of Mr. Camp's sub- 
stitute, Mr. Norton renewed his motion to lay the same on the 
table, and the Yeas and Nays being called for, stood thus : 

Yeas — Messrs. Allen, Anderson, Armstrong, Bacon, Ball, Bum- 
pass, Burke, Dalrymple, Davis of Webb, Degener, Gentry, Gid- 
dings, Hancock, Henderson, Hill, Hunt, Ireland, Johnson of 
Tarrant, Johnson of Titus, Jones of Bastrop, Jones of Bexar, Lane, 
Ledbetter, Lindsey, Mabry, McCormaek, Murchison, Nelson, Nor- 
ton, Norris, Parker, Parsons, Perry, Phillips, Ranck. Randolph, 
Record, Reeves, Richardson, Saufley, Shepard, Shields, Smith of 
Lamar, Taylor of Houston, Thomas of Cameron, Thompson, 
Walker, and Whitfield— 48. 

Nays — Messrs. Beall, Benge, Bradshaw, Camp of Goliad, Camp 
of Upshur, Davis of Cherokee, Drake, Flanagan, Hart, Hurt, 
Latimer, Middleton, Roberts, Runnels, Saunders, Selman, Shaw, 
Smith of Colorado, Taylor of Fannin, Varnell, Waul, Woods, 
and Young — 23. 

So the substitute of Mr. Camp was laid on the table. 

Mr. Ireland proposed to amend the 6th Section by striking 
out the words "or other political divisions," in the second line. 

Lost. 

Mr. Davis of Cherokee proposed to amend by striking out the 
word sold, 6th Sec, 3rd. line, and insert in lieu thereof the 
word lease. 

The hour having arrived for the consideration of the ordinance 



Edwtiliint in Texas 433 

introduced by Mr. Hancock, touching the liabilities of the State 
for debts contracted in support of the Asylums, and because of 
pensions, the same was taken up, and, on motion of Mr. Waul, 
postponed to await the report of the committee to whom it was 
referred. 

The question recurring on the amendment proposed by Mr. 
Davis, to the 6th Sec. of the Article on Education, Mr. Whit- 
field moved to lay the amendment of Mr. Davis of Cherokee on 
the table, and the Yeas and Nays being called, stood thus: 

Yeas — Messrs. Allen, Anderson, Armstrong, Ball, Benge, 
Bradshaw, Bumpass, Dalrymple, Degener, Gentry, Giddings, 
Hancock, Henderson, Hill, Hunt, Hurt, Ireland, Johnson of 
Tarrant, Johnson of Titus, Jones of Bexar, Lane, Latimer, Led- 
better, Lindsey, Mabry, McCormack, Murchison, Nelson, Nor- 
ton, Norris, Parker, Parsons, Perry, Phillips, Ranck, Randolph, 
Reeves, Roberts, Saufley, Shepard, Shields, Smith of Colorado, 
Smith of Lamar, Taylor of Fannin, Taylor of Houston, Thomp- 
son, Waul, Whitfield, and Woods — 49. 

Nays — Messrs. Bacon, Camp of Goliad, Camp of Upshur, 
Davis of Webb, Davis of Cherokee, [Flanagan, Record, Richard- 
son, Riunnels, Saunders, Selman, Shaw, Varnell, Walker, and 
Young — 15. 

So the amendment was laid on the table. 

Mr. Degener offered to amend the 6th Section by striking out 
all after the word State in the 5th line. 

On motion of Mr. McCormack, the amendment was laid on 
the table. 

Mr. Camp of Upshur moved to strike out the 6th Section by 
way of amendment. 

The Yeas and Nays being ordered, stood thus : 

Yeas — Messrs. Beall, Camp of Goliad, Camp of Upshur, Davis 
of Cherokee, Hill, Saunders, Selman, and Young — 8. 

Xays — Messrs. Allen, Anderson, Armstrong, Bacon, Ball, 
Benge, Bradshaw, Bumpass, Dalrymple, Davis of Webb, Den- 
gener, Drake, Flanagan. Gentry, Giddings, Hancock, Henderson, 
Hunt, Hurt, Ireland, Johnson of Tarrant, Johnson of Titus, 
Latimer, Ledbetter, Lindsey, Mabry, McCormack, Middleton, 
Murchison, Nelson, Norton, Norris, Parsons, Perry, Phillips, Por- 



434 ' University of Texas Bulletin 

ter, Ranck, Randolph, Record, Reeves, Richardson, Roberts, 
Saufley, Shepard, Shields, Shaw, Slaughter, Smith of Colorado, 
Smith of Lamar, Taylor of Houston, Thomas of Cameron, 
Thompson, Varnell, Walker, Waul, Whitfield, and Woods — 57. 

The amendment was lost. 

Mr. Roberts offered a substitute for the whole Article, and 
having the floor, was called to order by the President under the 
ten minute rule, and the question being, shall the gentleman 
have leave to proceed, the same was put, and the leave granted. 

The question recurring on the adoption of the substitute of- 
fered by Mr. Roberts, Mr. Henderson moved to lay the substi- 
tute on the table, and the Yeas and Nays being called for, stood 
thus : 

Yeas — Messrs. Allen, Anderson, Armstrong, Bacon, Benge, 
Bumpass, Dalrymple, Davis of Webb, Degener, Drake, Gentry, 
Hancock, Henderson, Hunt, Johnson of Tarrant, Johnson of 
Titus, Latimer, Ledbetter, Mabry, McCormack, Murchison, Nel- 
son, Norton, Parsons, Ranck, Reeves, Richardson, Saufley, 
Shields, Smith of Colorado, Smith of Lam/ar, Taylor of Houston, 
Thompson, Waul, Whitfield, and Woods — 36. 

Nays — Messrs. Ball, Beall,- Bradshaw, Camp of Goliad, Camp 
of Upshur, Davis of Cherokee, Flanagan, Lindsey, Middleton, 
Norris, Parker, Perry, Phillips, Randolph, Record, Roberts, Run- 
nels, Selman, Shaw, Tyus, Varnell, and Walker — 22. 

The substitute was therefore laid on the table. 

Mr. Henderson offered the following amendment to the 7th 
Section, viz : 

Strike out all after Legislature in 1st line, and insert, "shall 
have no power to lay a direct tax for the support of common 
schools, or for educational purposes." 

Mr. Slaughter offered the following as a substitute for the 
whole Article, and for the amendment of Mr. Henderson : 

Resolved, That the school system as heretofore established, and 
as is proposed hereafter to be established, is a huge humbug, and, 
as heretofore practiced, has failed signally to "a general dif- 
fusion of knowledge;" and it is the sense of this Convention 
that, in view of our complicated condition, it is unwise that any 
system of public schools be adopted by this Convention, but that 



Education in Texas 435 

the Legislature may hereafter provide for an efficient school 
system. 

The question being- on the adoption of the substitute offered 
by Mr. Slaughter, on motion of Mr. Whitfield, the substitute of 
Mr. Slaughter was laid on the table. 

Mr. Eecord moved to adjourn till 7 o'clock to 7 night. 

Carried. 

Pending, the amendment of Mr. Henderson. 

7 o'clock p. m. 

Convention met ; roll called ; quorum present. 

Question pending at the hour of the last adjournment, viz: 
the amendment of Mr. Davis of Cherokee to the 6th section of 
the Article on Education reported by the committee on Educa- 
tion again taken up. 



The question recurring on the adoption of the amendment pro- 
posed by Mr. Davis of Cherokee, to amend said sixth section as 
follows, at the end thereof, "Provided, the Legislature shall not 
cause said lands or any part thereof to be sold, prior to the first 
day of January, A. D. 1870," and Mr. Reeves occupying the 
floor, he was called to order by the President, under the ten 
minute rule. 

The question being, Shall the gentleman from Anderson pro- 
ceed? and being put, the leave was granted. 

The question recurring on the amendment of Mr. Davis of 
Cherokee, the same was withdrawn. 

Mr. Degener offered the following amendment, to come in at 
the end of 6th section : 

Provided, that no land shall be sold without the consent of the 
respective counties. 

Mr. Walker, having the floor, was called to order by the Pres- 
ident ; and the question being, Shall the gentleman have leave to 
proceed ? and the same being put, the leave was granted. 

The question recurring on the amendment proposed by Mr. 
Degener, he accepted the following, offered by Mr. Reeves, as a 
substitute : 



436 University of Texas Bulletin 

''Provided, that the lands already patented to the counties 
shall not be sold, without the consent of such county or counties 
to which the lands may belong." To come in after the word 
"respectively," in 6th line, Section 6. 

Adopted. 

Mr. Henderson offered the following amendment to Section 7 : 

Strike out all after the word Legislature, in first line, and in- 
sert, "shall have no power to levy a direct tax for the support of 
common schools, or for educational purposes." 

The question being on the adoption of said amendment, and 
the same being put, the amendment was lost. 

Mr. Roberts offered the following amendment : 

Amend the 7th Section by adding to the end of the first line 
the following words: "Provided the amount of taxes levied 
shall be disbursed from year to year, as the same may be col- 
lected ; ' ' and by adding to the end of the last word in Section 
7 the words, "and provided, further, that the Legislature may 
tax one race and not tax the other, or may impose a different 
rate of taxation upon the two races, as the public interest may 
require. ' ' 

Mr. Beall offered the following as a substitute for Section 7 
and the amendment proposed by Mr. Roberts : 

Sec. 7. The Legislature may provide for the levying of a tax 
from Africans, or persons of African descent, which shall be 
exclusively appropriated to the maintenance of a system of pub- 
lic schools for Africans and their children. 

Substitute of Mr. Beall lost, 

The question recurring on the amendment of Mr. Roberts, the 
same was put and lost. 

Mr. Johnson of Tarrant moved to strike out the 7th section. 

On motion of Mr. Davis of Webb, laid on the table. 

Mr. Record offered the following amendment : 

Amend 7th section by striking out the word "the," in the 
second line, and insert, after the word "descent," in third line, 
"and none other," and strike out, in third line, "exclusively." 

Mr. Varnell offered the following amendment, to come in at 
the end of the 7th section : 

"Provided, that all sums collected from Africans shall be col- 



Education in Texas 437 

lected by assessors and collectors of African descent, to be 
elected or appointed, as the Legislature may hereafter provide 
for." 

Mr. Whitfield moved to lay the amendment of Mr. Varnell on 
the table, and the Yeas and Nays being ordered, stood thus : 

Yeas — Messrs. Anderson, Bacon, Ball, Beall, Benge, Camp of 
Goliad, Camp of Upshur, Davis of Webb, Davis of Cherokee, 
Gentry, Giddings, Henderson, Hill, Hunt, Ireland, Johnson of 
Tarrant, Johnson of Titus, Ledbetter, Lindsey, McCormack, 
Middleton, Norton, Norris, Perry, Phillips, Porter, Record, 
Reeves, Roberts, Selman, Shepard, Taylor of Fannin, Taylor of 
Houston, Thompson, Walker, Waul, Whitfield, and Woods — 38. 

Nays — Messrs. Bradshaw, Degener, Flanagan, Murchison, Par- 
sons, Ranck, Runnels, Saunders, Smith of Colorado, and Var- 
nell— 10. 

So the amendment was laid on the table. 

Mr. Davis of Webb moved to strike out the word ' ' direct, ' ' in 
first line 7th section. 

Proposed amendment accepted by Mr. Record; and the ques- 
tion being on the adoption of the amendment of Mr. Record, Mr. 
Ireland offered the following as a substitute for the 7th section 
and the amendment of Mr. Record : 

Add, after word "tax," in first line, "upon Africans," and 
strike out second line, and third line down to ' ' for. ' ' 
Which was ruled out of order by the President. 
The question recurring on the adoption of the amendment of 
Mr. Record, on motion, the question was divided, and the vote 
being first taken on the motion to strike out the word "direct," 
the same was put, and the amendment adopted. 

The question being put on the amendment first proposed, the 
sarnie was lost. 

The Convention refused to adjourn, on motion. 
Mr. Henderson moved the previous question. 
Seconded. 

The question being, Shall the main question be now ordered? 
and the Yeas and Nays being called for, stood thus : 

Yeas — Messrs. Anderson, Benge, Camp of Upshur, Flanagan, 
Giddings, Henderson, Hill, Ledbetter, McCormack, Murchison, 



438 University of Texas Bulletin 

Phillips, Smith of Colorado, Taylor of Houston, Thompson and 
Varnell — 15. 

Nays — Messrs. Bacon, Ball, Beall, Bradshaw, Camp of Goliad, 
Davis of Webb, Davis of Cherokee, Degener, Gentry, Hunt, Ire- 
land, Johnson of Tarrant, Johnson of Titus, Lindsey, Middle- 
ton, Norton, Norris, Parsons, Perry, Porter, Ranck, Record, 
Reeves, Roberts, Runnels, Saunders, Selman, Shepard, Slaughter, 
Taylor of Fannin, Thomas of Cameron, "Walker, Waul, Whit- 
field, and Woods— 35. 

So the House refused to order the main question. 

Mr. Norton offered the following amendment : 

Amend Section 8 by striking out all after word "shall," in 
second line, and inserting, "be and the same is hereby added to 
the public school fund." 

Mr. Record moved to reconsider the vote refusing to adopt his 
amendment, as divided. 

The question being on the reconsideration, the same was put, 
and lost. 

The question recurring on the adoption of the amendment of 
Mr. Norton, Mr. Whitfield offered the following amendment: 

"Provided that the white children and those of African de- 
scent shall not be taught in the same school." 

On motion, Convention adjourned till 9% o'clock on Monday 
morning, pending the amendment of Mr. Whitfield. 1 



Monday, March 19, 1866. 



Question pending at the hour of the last adjournment, viz : 
the amendment of Mr. Whitfield to the 7th Section, Art. X, 
Education, of the Constitution, again taken up, and the question 
being on the adoption of said amendment, when the President 
declared the same to be out of order. 

Mr. Camp of Goliad offered the following substitute for Sec- 
tion 8 : 



'IUd., 204-211. 



Education in Texas 439 

Sec. 8. The moneys and lands heretofore granted for the en - 
dowment and support of Universities, is hereby appropriated to 
the public school fund. 

On motion of Mr. Hurt, the substitute was laid on the table. 

Mr. Davis of Webb offered the following amendment to the 
7th Section, to come in after the word "children," in the 4th 
line: "and it shall be the duty of the Legislature to. encourage 
schools among these people." 

Adopted. 

Mr. Parsons offered the following amendment: 

Amend Section 8 by striking out all after the word "shall," 
in 2d line, and insert the words "be transferred to the public 
school fund ; and the Legislature m,ay, at any time it may deem 
it expedient, appropriate so much of such public school fund as 
may be necessary for the erection and support of one or more 
Universities." 

On the motion of Mr. Henderson to lay the amendment of Mr, 
Parsons on the table, the Yeas and Nays were called for, and 
stood thus : 

Yeas — Messrs. Allen, Anderson, Armstrong, Bacon, Ball,. 
Benge, Bradshaw, Bumpass, Dalrymple, Davis of Webb, Davis; 
of Cherokee, Degener, Drake, Gentry, Hancock, Henderson, Hill, 
Hurt, Johnson of Titus, Jones of Bastrop, Latimer, Ledbetter, 
Mabry, McCormack, Murchison, Nelson, Norris, Perry, Phillips, 
Randolph, Reeves, Roberts, Runnels, Saunders, Shepard, Shields, 
Shaw, Smith of Colorado, Taylor of Houston, Thompson, Tyus, 
Varnell, Walker, Waul, Whitfield, and Young — 46. 

Nays — Messrs. Beall, Camp of Goliad, Camp of Upshur, Flan- 
agan, Giddings, Hunt, Middleton, Norton, Parsons, Porter, 
Ranck, Richardson, Saufley, Slaughter, Smith of Lamar, Taylor 
of Fannin, and Woods — 17. 

So the amendment was laid on the table. 

Mr. Gentry offered the following as an additional Section 
to the Article : 

Sec. 9. The four hundred thousand acres of land that have 
been surveyed and set apart, under the provisions of a law ap- 
proved 30th of August, A. D. 1856, for the benefit of a Lunatic 
Asylum, a Deaf and Dumb Asylum, a Blind Asylum, and an 



440 U7iiversity of Tems Bulletin 

Orphan Asylum, shall constitute a fund for the support of such 
institutions, one-fourth part for each ; and the said fund shall 
never be diverted to any other purpose. The said lands may be 
sold, and the fund invested under the same rules and regulations 
as provided for the lands belonging to the school fund; the in- 
come of said fund only shall be applied to the support of such 
institutions, and until so applied shall be invested in the same 
manner as the principal. 

On motion of Mr. Saunders, the Doorkeeper, Mr. Flournoy, 
was excused for the day on account of illness. 

The question recurring on the adoption of the additional Sec- 
tion offered to the Article by Mr. Gentry, and the Yeas and 
Nays being called for, stood thus : 

Yeas — Messrs. Allen, Armstrong, Ball, Benge, Bradshaw, 
Bumpass, Camp of Goliad, Camp of Upshur, Davis of Webb, 
Degener, Drake, Gentry, Hancock, Hart, Henderson, Hunt, 
Johnson of Tarrant, Lane, Latimer, Ledbetter, Lindsey, Mabry, 
McCormack, Middleton, Murchison, Nelson, Norton, Norris, Par- 
ker, Perry, Ranck, Randolph, Record, Reeves, Richardson. Run- 
nels, Saunders, Shepard, Shields, Smith of Colorado, Taylor of 
Houston, Tyrus and Young — 43. 

Nays — Messrs. Anderson, Bacon, Beall, Burke, Dalrymple, 
Flanagan, Giddings, Hunt, Jones of Bastrop, Parsons, Phillips, 
Roberts, Saufley, Shaw, Smith of Lamar, Taylor of Fannin, 
Walker, Waul, Whitfield, and Woods— 20. 

So the amendment was adopted. 1 



Wednesday, March 21st, 1866. 



Mr. Thompson, in behalf of the Committee on Enrolled and 
Engrossed Ordinances, made the following report: 

'Committee Room, March 20th, 1866. 
Hon. W. M. Taylor, President, pro tern., Convention: 

The committee on Enrollment and Engrossed Ordinances in- 



>Ibid., 214-216. 



Education in Texas 441 

struct me to report that they have examined Article X, Educa- 
tion, and found it correctly engrossed. 
Keceived and adopted. 1 



Saturday, March 24, 1866. 



ORDERS OF THE DAY 

Article X, Education, an engrossed article, was taken up, and 
placed on its third and final reading. 

Mr. Norton offered the following amendment: 

Amend Section 8, by striking out all after the word "shall," 
in second line, and inserting, "be appropriated to the support 
of public schools, and is hereby passed to the credit of the free 
common school fund." 

Mr. Henderson moved the previous question. 

Seconded. 

The question being, Shall the main question be now put? and 
the Yeas and Nays being called stood: 

Yeas — Messrs. Anderson, Bacon, Beall, Bumpass, Camp of 
Upshur, Gentry, Gurley, Hancock, Henderson, Hill, Hunt, Jones 
of Bastrop, Lane, Mabry, Murchison, Perry, Reeves, Richardson, 
Saunders, Taylor of Houston, Varnell and Whitfield — 22. 

Nays — Messrs. Ball, Benge, Bradshaw, Burke, Camp of Goliad, 
Davis of Webb, Davis of Cherokee, Degener, Drake, Flanagan, 
Giddings, Hart, Hurt, Johnson of Tarrant, Ledbetter, Lindsey, 
Middleton, Nelson, Norton, Norris, Parsons, Paschal, Phillips, 
Roberts, Runnels, Saufley, Selman, Shepard, Shields, Shaw, 
Smith of Lamar, Taylor of Fannin, Thompson, Tyus, Walker, 
Waul and Woods— 37. 

So the House refused to order the main question. 

The question recurring on the amendment of Mr. Norton, Mr. 
Hurt moved to lay on the table; and the Yeas and Nays being 
called, stood thus : 

l IUd., 233. 



442 University of Texas Bulletin 

Yeas — Messrs. Anderson, Bacon, Bradshaw, Bumpass, Camp 
of Upshur, Davis of Webb, Begener, Gentry, Giddings, Gurley, 
Hancock, Henderson, Hunt, Hurt, Johnson of Tarrant, Jones of 
Bastrop, Jones of Bexar, Lane, Ledbetter, Mabry, McCormack, 
Murchison, Perry, Phillips, Reeves, Roberts, Runnels, Saunders, 
Shepard, Shields, Smith of Colorado, Taylor of Houston, Thomas 
of Cameron, Thompson, Tyus, Walker, Waul, Whitfield and 
Woods— 39. 

Nays — Messrs. Armstrong, Beall, Benge, Burke, Camp of Go- 
liad, Dalrymple, Davis of Cherokee, Drake, Flanagan, Hart, 
Lindsey, Middleton, Nelson, Norton, Norris, Paschal, Richardson, 
Saufiey, Shaw, Smith of Lamar, Taylor of Fannin, and Var- 
nell— 22. 

So the amendment was laid on the table. 

Mr. Waul offered the following amendment : 

Sec. 2. Strike out, in 6th line, the word "the," between for 
and education, and after education, in 6th line, to and, in 
7th line. 

Mr. McCormack moved that the Article and proposed amend- 
ments be recommitted to the committee. 

Mr. Whitfield moved to lay the motion to recommit on the 
table ; and the Yeas and Nays being called for, stood thus : 

Yeas — Messrs. Anderson, Armstrong, Ball, Beall, Benge, Brad- 
shaw, Bumpass, Burke, Camp of Upshur, Davis of Cherokee, 
Drake, Gentry, Gurley, Henderson, Jones of Bastrop, Lindsey, 
Mabry. Nelson, Norris, Perry, Roberts, Saunders, Saufiey, Sel- 
man, Shields, Smith of Colorado, Taylor of Houston, Walker, 
Whitfield and Woods— 30. 

Nays — Messrs. Bacon, Camp of Goliad, Dalrymple, Davis of 
Webb, Degener, Flanagan, Giddings, Hart, Hunt, Hurt, John- 
son of Tarrant, Jones of Bexar, Ledbetter, McCormack, Middle- 
ton, Murchison, Norton, Parker, Parsons, Paschal, Phillips, Por- 
ter, Reeves, Richardson, Runnels, Shepard, Shaw, Slaughter, 
Smith of Lamar, Taylor of Fannin, Thomas of Cameron, Thomp- 
son, Varnell and Waul — 34. 

So the House refused to lay on the table. 

The question recurring on the motion to recommit, Mr. Whit- 
field moved a call of the House. Lost. 



Education in Texas 443 

The question being on the motion to recommit, and the Yeas 
and Nays being called, stood thus : 

Yeas — Messrs. Bacon, Ball, Beall, Bradshaw, Camp of Goliad, 
Davis of Webb, Davis of Cherokee, Degener, Drake, Giddings, 
Gurley, Hart, Hunt, Hurt, Johnson of Tarrant, Jones of Bexar, 
Ledbetter, Lindsey, McCormack, Middleton, Murchison, Norton, 
Norris, Parker, Parsons, Paschal, Phillips, Porter, Roberts, Run- 
nels, Shields, Shaw, Smith of Lamar, Taylor of Fannin, Thomas 
of Cameron, Thompson, Tyrus, Varnell and Waul — 39. 

Nays — Messrs. Anderson, Armstrong, Benge, Bumpass, Camp 
of Upshur, Dalrymple, Flanagan, Gentry, Henderson, Hill, 
Mabry, Nelson, Perry, Record, Richardson, Saufley, Selman, 
Smith of Colorado, Taylor of Houston, Walker, and Whitfield 
—21. 

So the Article and proposed amendment were recommitted. 1 



Mr. Degener moved to add Mr. Waul to the committee on 

Education. 
Lost. 

'On motion, the Convention adjourned till half after 7 o'clock 
tonight. 

iy 2 o'clock p. m. 
Convention met; roll called; quorum present. 
On motion of Mr. Whitfield, the vacancies on committee on 
Education were filled. - 

Monday, March 26, 1866. 



Committee Room, March 23d, 1866. 
Hon. W. M. Taylor, President, pro tern., Convention: 

The committee on Finance, to whom was referred the report 
of the committee on Education, have had the same under con- 



Ubid., 268-269. 
-Ihid., 270. 



444 University of Texas Bulletin 

sideration, and find now due, and belonging to the common 
school fund, as follows: 

6 per cent Bonds of Railroad Companies $1,753,317.00 

Interest due on same to March 1, 1866 300,614.90 

Specie derived from Revenue . . ■> 46.83 



$2,053,978.73 
They find also, 
6 per cent. State Bonds, (manuscript substituted,) 

by the Comptroller, in place of Warrants $ 320,367.13 

10 per cent, interest bearing Warrants 11,239.71 

Non interest bearing Warrants 1,683.01 

5 per cent. United States Bonds 634.000.00 

Interest Coupons on same 132,700.00 

Specie 26,937.88 

Amount received from land sales 158,409.32 



$1,285,327.05 
which has been converted and expended, or in controversy, 
under the acts of the*officers of the State, since the 28th of Jan- 
uary, 1861, and before the 5th of August, 1865, or rendered un- 
available to said fund by the principle established in the ordi- 
nance, declaring the State debt void, by this Convention. The 
committee find there has been paid into the Treasury, on account 
of University lands : 
Specie on account, principle, and interest on notes. $ 37,932.04 

10 per cent interest bearing Warrants 12,230.39 

Non-interest bearing Warrants. . . .i 10,300.41 

Confederate Notes 114,804.48 

Transferred to State Revenue account 203,901.30 

Amounting to $ 379,168.62 

Which has been converted and expended, during the war, by the 
State authorities. They further state that, 

5 per cent United States Bonds $ 100,000.00 

Specie interest on same i 9,472.26 

Specie or coupons, 1 mo. interest 416.66 



Amounting to $ 109,888.92 



Education in Texas 445 

was transferred from the University fund to the State Revenue 
account in February, 1860, under an act of (February 8th, 1860, 
and should be restored by the State to said fund. 

That so much of the common school fund, 5 per cent United 
States Bonds and coupons, amounting to $766,700.00, as may be 
used for the payment of the direct tax due the United States 
Government, should be placed to the credit of said fund, and 
secured by State Bonds ; and the balance of said amount, should 
any portion thereof be traced and recovered, ought to be restored, 
and placed to the credit of the school fund, in such manner as 
the Legislature may hereafter provide. 

The committee recommend that the State be released from any 
other, or further liability to said funds; the various amounts 
having been lost in the general destruction consequent upon the 
war, liable to the same objections, and dependent upon the same 
principles governing the Convention in their action upon the 
State indebtedness incurred during the war. 

They recommend as a substitute for the ordinance referred to 
them for consideration the accompanying ordinance, and ask its 
adoption by the Convention : 

AN ORDINANCE 

Securing the Common School and University Funds, 
and for other Purposes. 

Be it ordained by the people of Texas, in Convention assembled, 
That the Legislature, at its first session, shall provide for issuing 
coupon bonds of the State for the 5 per cent United States bonds, 
and interest transferred from the University fund to the State 
Revenue account, in February, I860; and when issued, they 
shall be placed in the Treasury to the credit of said fund. 

Sec. 2. Be it further ordained, That all 5 per cent United 
States Bonds and coupons, transferred from the common school 
fund since the 28th of January, 1861, that are in the possession 
of, or may be recovered by the State, shall be secured to said 
fund; and any portion of said bonds or coupons, that may be 
used for the payment of the direct tax due the United States, 
shall be secured by coupon bonds of the State, and placed to the 



4-16 University of Texas Bulletin 

credit of said fund; and the Legislature of the State is hereby 
directed to carry this section into effect. 

Sec. 3. Be it further ordained, That the Legislature of this 
State shall have no authority, and are hereby forbidden to as- 
sume, "or provide by taxation, or otherwise, for the payment of 
any other claim, or pretended liability of the State, to said 
funds, not, enumerated in this ordinance. 

Read first time, and passed to the orders of the day. 



Mr. Whitfield, one of the committee on Education, made the 
following report : 

Committee Room, March 26, 1866. 
Hon. W. M. Taylor, President pro tertv. of Convention-. 

The committee on Education, to whom was referred the 10th 
Article of the Constitution and proposed amendment to the 2d 
Section of the Bill, having had the same under consideration, 
and a majority of the committee instruct me to report back the 
ordinance in its original state, and recommend its adoption as 
engrossed, without the proposed amendment, or any other. 

Report received. 

Mr. Waul submitted the following report in behalf of a minor- 
ity of the same committee, touching the same subject : 

Committee Room, March 26, 1866. 
Hon. W. 31. Taylor, President pro tern of the Convention: 

A minority of the committee on Education, to whom was re- 
committed Article X of the Constitution, with the amendment 
offered in Convention, dissenting from the majority of the com- 
mittee, beg leave to report the following amendment, and recom- 
mend its adoption : 

AMENDMENT 

Strike out, in Sec. 2d, all in the 6 line after the word exclu- 
sively, to the word and, in the 7th line, and insert, for education. 
Read a first time. 



Education in Texas 447 

On motion of Mr. Whitfield, the rule was suspended, and the 
reports of the majority and minority taken up. 

Mr. Waul moved to substitute the report of the minority for 
that of the majority. 

The hour having arrived for the consideration of the special 
order of the day, the same was taken up, and, on motion, post- 
poned till ll 1 /^ o'clock, this day. 

The question recurring- on the motion of Mr. Waul to substi- 
tute, and the Yeas and Nays being called for, stood thus : 

Yeas — Messrs. Bacon, Benge, Camp of Goliad, Davis of Webb, 
Degener, Drake, Giddings, Hunt, Johnson of Tarrant, Jones of 
Bastrop, Jones of Bexar, Ledbetter, McCormack, Murchison, 
Parker, Paschal, Phillips, Ranck, Roberts, Saunders, Shepard, 
Shields, Shaw, Smith of Lamar, Thomas of Cameron, Tyus, Var- 
nell, and Waul— 28. 

Nays — Messrs. Anderson, Armstrong, Ball, Beall, Bradshaw, 
Bumpass, Burke, Camp of Upshur, Dalrymple, Davis of Cher- 
okee, Flanagan, Gentry, Hancock, Hart, Henderson, Hurt, Lane, 
Lindsey, Mabry, Micldleton, Nelson, Norton, Norris, Parsons, 
Perry, Porter, Randolph, Record, Reeves, Richardson, Runnels, 
Sauliey, Selman, Slaughter, Smith of Colorado, Taylor of Hous- 
ton, Thompson, Walker, Whitfield, Woods, and Young — 41. 

So the motion to substitute was lost. 

The question being on the final passage of the Article, and the 
Yeas and Nays being called for, stood thus : 

Yeas — Messrs. Anderson, Armstrong, Bacon, Ball, Benge, Bum- 
pass, Burke, Camp of Upshur, Dalrymple, Davis of Webb, Hunt, 
Degener, Drake, Gentry, Giddings, Hancock, Henderson, Hurt, 
Johnson of Tarrant, Jones of Bastrop, Jones of Bexar, Lane, 
Ledbetter, Lindsey, Mabry, McCormack, Middleton, Nelson, 
Norris, Parker, Paschal, Phillips, Randolph, Record, Reeves, 
Richardson, Roberts, Saunders, Saufley, Shepard, Shields, Smith 
of Colorado, Taylor of Houston, Thomas of Cameron, Thompson 
Tyus, Walker, Waul, and W^hitfield— 49. 

Nays — Messrs. Beall, Bradshaw, Camp of Goliad, Flanagan 



448 University of Texas Bulletin 

Gurley, Hart, Murchison, Norton, Parsons, Perry, Porter, Ranek, 
Runnels, Shaw, Varnell, Woods, and Young — 17. 
So the Article Passed. 1 

Monday, April 2d, 1866. 



Mr. Davis of Cherokee moved to suspend the rule, to take up 
a report and ordinance from Finance Committee, touching the 
substituting of certain United States Bonds with State Bonds, &c. 

Carried. 

Ordinance taken up, read a first time, and the question being 
on its engrossment, Mr. "Whitfield offered the following as a sub- 
stitute for the substitute reported by the committee, viz : 

AN ORDINANCE 

To provide for the payment, by the State, of the Sums of 
money due the Perpetual Public School Fund. 

Section 1. The Legislature, at its first session, shall provide 
that the Governor shall cause to be issued the coupon bonds of 
the State, to an amount equal to the sum now due the perpetual 
Public School Pund, by the State ; said bonds to be placed to the 
credit of the School Fund. These bonds to draw interest at a 
rate cf not less than six (6 per cent.) per centum per annum; 
and also, to provide in like manner for the payment of the same 
due the University fund by the State. The bonds issued as above 
provided for shall bear interest from the date of their issuance. 

Mr. Flanagan moved to lay the substitute on the table, and the 
Yeas and Nays being called for, stood thus : 

Yeas — Messrs. xVnderson, Bacon, Bradshaw, Camp of Upshur, 
Dalrymple, Davis of Webb, Drake, Flanagan, Gurley, Hancock, 
Hart, Hill, Latimer, Middleton, Murchison, Norton, Norris, Par- 
ker, Parsons, Perry, Phillips, Ranek, Randolph, Saunders, 
Shields, Shuford, Shaw, Slaughter, Smith of Lamar, Thomas of 
Cameron, Tyus, Walker, Waul and Woods — 34. 

mid., 274-278. 



Ed wat ion in Texas 449 

Nays — Messrs. Armstrong, Ball, Gentry, Henderson, Johnson 
of Tarrant, Lindsey, Mabry, Record, Reeves, Taylor of Houston, 
Thompson, and Whitfield — 12. 

Substitute laid on the table. 

Mr. Whitfield moved to lay the report and substitute of the 
Finance Committee on the table. 

Carried. 

Mr. Thompson filed the following protest : 

I protest against the passage of the bill because, in my judg- 
ment, it has been unjustly and illegally passed, and will work 
injuriously to the good of the whole people of Texas. 

WELLS THOMPSON. 1 

CONSTITUTION OF 1866 



ARTICLE X— EDUCATION. 

Section 1. A general diffusion of knowledge being essential 
to the preservation of the rights and liberties of the people, it 
shall be the duty of the Legislature of this State to make suitable 
provisions for the support' and maintenance of public schools. 

Sec. 2. The Legislature shall, as early as practicable, establish 
a system of free schools throughout the State ; and as a basis for 
the endowment and support of said system, all the funds, lands, 
and other property heretofore set apart and appropriated, or 
that may hereafter be set apart and appropriated for the sup- 
port and maintenance of public schools, shall constitute the pub- 
lic school fund ; and said fund, and the income derived therefrom, 
shall be a perpetual fund exclusively for the education of all the 
white scholastic inhabitants of this State, and no law shall ever 
be made appropriating said fund to any other use or purpose 
whatsoever. And until such time as the Legislature shall pro- 
vide for the establishment of such system, of public schools in 
the State, the fund thus created and the income derived there- 
from, shall remain as a charge against the State, and be passed 
to the credit of the free common school fund. 



'Ibid., 359-360. 



450 University of Texas Bulletin 

Sec. 3. And all the alternate sections of land reserved by the 
State out of grants heretofore made, or that may hereafter be 
made, to railroad companies or other corporations of any nature 
whatever, for internal improvements, or for development of the 
wealth and resources of the State, shall be set apart as a part of 
the perpetual school fund of the State : provided, that if at any 
time hereafter any portion of the public domain of this State 
shall be sold, and by virtue of said sale the jurisdiction over 
said land shall be vested in the United States Government, and 
in such event one -half of the proceeds derived from said sale 
shall become a part of the perpetual school fund of the State; 
and the Legislature shall hereafter appropriate one-half of the 
proceeds resulting from all sales of the public lands to the per- 
petual school fund. 

Sec. 4. The Legislature shall provide, from time to time, for 
the sale of lands belonging to the perpetual public school fund, 
upon such time and terms as it may deem expedient: provided, 
that in cases of sale the preference shall be given to actual set- 
tlers : and provided further, that the Legislature shall have no 
power to grant relief to purchasers by granting further time for 
payment, but shall in all cases, provide for the forfeiture of the 
land to the State for the benefits of a perpetual public school 
fund; and that all interest accruing upon such sales shall be a 
part of the income belonging to the school fund, and subject to 
appropriation annually for educational purposes. 

Sec. 5. The Legislature shall have no power to appropriate or 
loan or invest, except as follows, any part of the principal sum 
of the perpetual school fund for any purpose whatever; and it 
shall be the duty of the Legislature to appropriate annually the 
income which may be derived from said fund, for educational 
purposes, under such system as it may adopt ; and it shall, from 
time to time, cause the principal sum now on hand and arising 
from sales of land, or from any other source, to be invested in 
the bonds of the United States of America, or the bonds of the 
State of Texas, or such bonds as the State may guarantee. 

Sec. 6. All public lands which have been heretofore, or may 
be hereafter, granted for public schools, to the various counties 
or other political divisions in this State, shall be under the con- 



Education in Texas 451 

trol of the Legislature, and may be sold on such terms and under 
such regulations as the Legislature shall by law prescribe; and 
the proceeds of the sale of said lands shall be added to the per- 
petual public school fund of the State. But each county shall 
receive the full benefit of the interest arising from the proceeds 
of the sale of the lands granted to them; respectively : provided, 
that the lands already patented to the counties, shall not be sold 
without the consent of such county or counties to which the lands 
may belong. 

Sec. 7. The Legislature may provide for the levying of a tax 
for educational purposes : provided, the taxes levied shall be dis- 
tributed from year to year, as the same may be collected; and, 
provided, that all the sums arising from said tax, which may be 
collected from Africans, or persons of African descent, shall be 
exclusively appropriated for the maintenance of a system of 
public schools for Africans and their children; and it shall be 
the duty of the Legislature to encourage schools among these 
people. 

Seo. 8. The moneys and lands heretofore granted to, or which 
may hereafter be granted for the endowment and support of one 
or more universities, shall constitute a special fund for the main- 
tenance of said universities, and until the universities are lo- 
cated and commenced, the principal and the interest arising 
from the investment of the principal, shall be invested in like 
manner, and under the same restrictions as provided for the in- 
vestment and control of the perpetual school fund, in Sections 
four and five (4 and 5) in this Article of the Constitution; and 
the Legislature shall have no power to appropriate the univer- 
sity fund for any other purpose than that of the maintenance 
of said universities, and the Legislature shall, at an early day, 
make such provisions, by law, as will organize and put into opera- 
tion the university. 

Sec. 9. The four hundred thousand acres of land that have 
been surveyed and set apart, under the provisions of a law ap- 
proved 30th August, A. D. 1856, for the benefit of a Lunatic 
Asylum, a Deaf and Dumb Asylum, a Blind Asylum, and an 
Orphan Asylum, shall constitute a fund for the support of such 
institutions, one-fourth part for each; and the said fund shall 



452 University of Texas Bulletin 

never be diverted to any other purpose. The said lands may be 
sold and the fund invested under the same rules and regulations 
as provided for the lands belonging- to the school fund. The in- 
come of said fund only shall be applied to the support of such 
institutions; and until so applied shall be invested in the same 
manner as the principal. 

Sec. 10. The Governor, by and with the advice and consent 
of two-thirds of the Senate, shall appoint an officer to be styled 
the Superintendent of Public Instruction. His term of office 
shall be four years, and his annual salary shall not be less than 
($2,000) two thousand dollars, payable at stated times; and the 
Governor, Comptroller, and Superintendent of Public Instruc- 
tion, shall constitute a Board to be styled a Board of Education, 
and shall have the general management and control of the per- 
petual school fund, and common schools, under such regulations 
as the Legislature may hereafter prescribe. 

Sec. 11. The several counties in this State which have not re- 
ceived their quantum of the lands for the purposes of education, 
shall be entitled to the same quantity heretofore appropriated 
by the Congress of the Republic of Texas, and the State, to other 
counties. And the counties which have not had the lands to 
which they are entitled for educational purposes, located, shall 
have the right to contract for the location, surveying, and pro- 
curing the patents for said lands, and of paying for the same with 
any portion of said lands so patented, not to exceed one-fourth 
of the whole amount to be so located, surveyed, and patented — 
to be divided according to quality, allowing to each part a fair 
proportion of land, water, and timber. 1 



1 The Constitution of the State of Texas, as Amended by the Delegates 
in Convention Assembled, Austin, 1866, 27-30; 
Gammel's Laws of Texas, Vol. 5, (8S2-8S5). 



Education in Texas 453 

AN ORDINANCE 

Securing the Common School and University Fund, 
and for Other Purposes. 

Be it ordained by the people of the State of Texas in Conven- 
tion assembled, That the Legislature, at its 'first session, shall 
provide for issuing coupon bonds of the State for the 5 per cent. 
United States bonds and interest transferred from the University- 
Fund to the State Revenue account, in February, 1860; and 
when issued they shall be placed in the Treasury to the credit 
of said fund. 

Sec. 2. Be it further ordained, That all 5 per cent. United 
States bonds and coupons transferred from the Common School 
fund since the 28th of January, 1861, that are in the possession 
of, or may be recovered by the State, shall be secured to said 
fund; and any portion of said bonds or coupons that may be 
used for the payment of the direct tax due the United States, 
shall be secured by coupon bonds of the State and placed to the 
credit of said fund; and the Legislature of the State is hereby 
directed to carry this section into effect. 

Sec. 3. Be it further ordained, That the Legislature of this 
State shall have no authority, and are hereby forbidden to as- 
sume or provide, by taxation or otherwise, for the payment of 
any other claim or pretended liability of the State to said funds, 
not enumerated in this ordinance. 

Passed April 2, 1866. 1 

INAUGURAL ADDRESS 

OF 

GOVERNOR THROCKMORTON 

DELIVERED IN THE REPRESENTATIVE HALL 

AUSTIN, AUGUST 9th, 1866 

FELLOW-CITIZENS : 



Requiring the interest due the School Fund to be paid, with as 



*The Constitution of the State of Texas, as Amended by the Delegates 
in Convention Assembled, Austin, 1866, 42; 
Gammel's Laws of Texas, 5. (899). 



454 University of Texas Bulletin 

much leniency to Railroad Companies as a prudent regard for 
the fund, and the general interest of the country, will allow; 
the re-organization of the common school system, and the estab- 
lishment of a State University, at the earliest period compatible 
with the depressed financial condition of our affairs. 1 



MESSAGE OF GOVERNOR THROCKMORTON 

EXECUTIVE OFFICE, 

AUSTIN, Aug. 18, 1866. 

Gentlemen of the Senate and House of Representatives : 



EDUCATION 

The Constitution requires the Legislature to make suitable pro- 
visions for the support and maintenance of Public Schools, mak- 
ing it obligatory, as early as practicable, to establish a system 
of Free Schools throughout the State. An ample amount of the 
public domain has been set aside, together with one-half of the 
proceeds arising from the sale of all lands, as a basis for a per- 
petual school fund. The fourth section of the tenth article of 
the Constitution says: "The Legislature shall provide, from 
time to time, for the sale of lands belonging to the perpetual 
school fund, upon such Jime and terms as it may deem proper." 
And it is of the greatest importance to get the system to work 
at the earliest practicable period, and as it cannot be done, except 
by using the interest as it accrues on the principal of the fund 
invested, or by resorting to taxation, it becomes a question for 
you to determine whether or not laws should be enacted at this 
session to carry into effect this requirement. 

These lands should not be forced into market in large amounts, 
and only such as are most likely to command reasonably fair 
prices. 



^Inaugural Address of Gov. J. W. Throckmorton, Delivered in the 
Representative Hall, Austin, August 9th, 1866, 5-6. 



• Education in Texas 455 

It is not presumable that there will be any considerable de- 
mand for them for some time yet to come. But it may be well 
that a law should be passed placing a fair price upon the alter- 
nate sections, the field notes of which are in the General Land 
Office, allowing- parties to purchase quarter sections, or even less 
amounts — say eighty or forty acres. 

The sixth section of the same article of the Constitution places 
the lands heretofore granted to the counties for educational pur- 
poses under the control of the Legislature. I would respectfully 
suggest the enactment of a law that will authorize the sale of 
these lands. Leaving each county to determine the time of 
bringing its lands into market, and the amount to be sold from 
time to time; requiring the counties, before offering to sell, to 
sectionize and subdivide the sections proposed to be sold, and 
depositing the maps, plats, and field notes, or certified copies 
thereof, in the General Land Office. And as the interest accru- 
ing from the principal of the School Fund invested can alone 
be used, the Legislature should direct in what kind of interest 
bearing stocks or bonds the proceeds arising from the sale of the 
school lands shall be invested. 

The second section of "an ordinance securing the Common 
School and University Funds and for other purposes," requires 
"that all the five per cent. United States bonds and coupons 
transferred from the School Fund since January 28, 1861, that 
are in the possession of, or may be recovered by the State, shall 
be secured to said fund." Whatever amount of these bonds 
that have been, or may be recovered should be sold, and the 
proceeds either placed in the general fund of the State, subject 
to appropriation, and replaced to the credit of the fund in in- 
terest bonds of the State, or other interest bearing stocks. 

There are six per cent, bonds of the State in the Treasury to 
the amount of $320,367.13, also ten per cent. State warrants 
amounting to $11,239.71, and ndn-interest State warrants to the 
amount of $8,234.27, that belong to the school fund, and were 
placed to its credit, in lieu of other mjeans transferred to the 
State Revenue account by authority of law. 

Under the third section of the Ordinance already referred to, 
the Legislature is prohibited from assuming or providing for 



456 University of Texas Bulletin 

the payment of any liability of the State to the school fund not 
therein enumerated. It will be necessary, therefore, for your 
honorable body to provide for the cancellation of the bonds and 
warrants alluded to. 

By an act of January 11th, 1862. $580,000.00 United States 
bonds, and matured coupons to the amount of, $37,175.00, were 
transferred from the school fund to the State revenue account. 
Of these bonds, $1 12,000.00, and matured coupons amounting to 
$24,875.00, were turned over to the Provisional Government. 
The State is indebted to the school fund for $50,500.00 of this 
amount collected from the General Government and paid into 
the State Treasury, leaving $62,000.00 unpaid, now deposited in 
the Treasury of the United States. 

In compliance, therefore, with the Ordinance before referred 
to, interest bearing bonds of the State, or other stocks, should be 
placed in the Treasury to the credit of the fund, corresponding 
in amount to the funds already, or that may be hereafter col- 
lected. I ask your attention to this subject. 

There is also in the Treasury, due the school fund, $1,753,317 
interest bearing bonds of railroad companies, with interest due 
upon said bonds up to March 1, 1866, amounting to $300,209.89. 
I am unable to form an opinion as to the probability of the pay- 
ment of this interest. 

I would suggest a thorough scrutiny into the condition of the 
companies in debt to the school fund, with such action as will 
be most likely to secure the fund from loss. I would advise, 
however, a liberal and indulgent course, believing that rigid 
measures would be more likely to defeat than accomplish the 
object desired. The companies, like individuals, suffered much 
pecuniary loss during the war. Their roads were used by the 
Government, and when compensated at all, it was in depreciated 
currency, that finally died on their hands. In the meantime, the 
iron was wearing out, cross-ties rotting, roadbeds giving way 
and rolling stock becoming worn and useless. By no fault of 
theirs, perhaps, they have failed to comply with their obliga- 
tions; when they were entered into; the country was enjoying 
profound peace — an unforseen war and its disasters have pre- 



Education in Texas 457 

vented them from complying with obligations which would other- 
wise have been easy of fulfillment. 

Of available means in the Treasury belonging to this fund, 
there is, specie $507.60, and non-interest bearing United States 
currency, $19,263.06. I would recommend the investment of 
these sums in State or General Government securities. If in- 
vested in State bonds the money should be transferred to State 
revenue account. It is made the duty of the Governor, with the 
advice and consent of the Senate, to appoint a superintendent 
of Public Instruction. This is an important office, and absolutely 
necessary to the successful establishment and working of a com- 
mon school system. I would recommend the passage of a law 
defining and prescribing the duties of such officer, and providing 
the necessary appropriation to carry the same into effect. 1 

SPECIAL MESSAGE OF THE GOVERNOR 

Executive Office, 
Austin, Texas, Oct. 31, 1«66. 
Gentlemen of the Senate and House of Representatives: 

The seventh section of the tenth article of the Constitution 
gives the power to the Legislature to levy taxes for educational 
purposes, and provides that all sums arising from said tax, which 
may be collected from Africans or persons of African descent, 
shall be exclusively appropriated for the maintenance of a system 
of public schools for Africans and their children ; and it shall 
be the duty of the Legislature to encourage schools among these 
people. Owing to the poverty of the people and their embar- 
rassed pecuniary condition, it is not probable that your honorable 
body will levy an educational tax, but as the general tax laws 
will apply to all classes alike, I would respectfully recommend 
that the State taxes or a portion thereof that may be collected 
from freedmen, be relinquished to the counties with directions 
to the Police Courts that the same shall be applied to schools for 
the benefit of persons of color. 

"■Message of Gov. J. W. Throckmorton to the Legislature of Texas, 
1866, 4-6. 



458 University of Texas Bulletin 

These people are among us, and are to remain. We can pro- 
mote our own welfare, in contributing to their intelligence by 
such means as are at our command. It is the desire of the people 
of Texas that the legislation of the country shall be such as to 
promote the improvement and usefulness of these people, and 
at the same time tend to secure their confidence, and induce them 
to rely upon us for the advice and protection necessary to their 
property. 1 

ON GRANTING ACADEMIC DEGREES 

Senate Chamber, 

Sept. 28, 1866. 
Senator Foscue, Chairman of Committee on Education, re- 
ported as follows : 

• The Committee on Education, to whom was referred a House 
bill, entitled "An Act to incorporate the Stovall Academy," 
have had the bill under consideration, and are of the opinion 
that the provision contained in the 3d section, giving the power 
to the Board of Trustees, to confer degrees and grant diplomas, 
is of doubtful propriety. The Committee are of the opinion that 
an academy ought not to be clothed with a power so rare and 
valuable in the scientific world, much less should a board of 
trustees be empowered to exercise it. The Committee therefore 
recommend that the words "confer degrees, grant diplomas," be 
stricken out of the bill, and so amended the bill be passed. 

F. F. FOSCUE, Chairman. 2 



Senate Chamber, 

October 26, 1866. 

Senator Brown made the following report: 
To the President of the Senate: 

The Committee on Education, to whom was referred the 
House bill entitled "An Act to incorporate the Stovall Acad- 



x Journal of the House of Representatives of the Eleventh Legislature,. 
795-796. 

^Journal of the Senate of Texas, Eleventh Legislature, 369. 



Education in Texas 459 

emy," have had the same under consideration and are of the 
opinion that the provisions contained in the third section, giving 
the power to the Board of Trustees to confer degrees and grant 
diplomas, is of doubtful propriety. The Committee are of the 
opinion that Academies ought not to be clothed with a power so 
rare and valuable in the scientific world, much less should a 
Board of Trustees be empowered to exercise it. 

The Committee recommend that if the power to confer degrees 
is desired by those proposing to establish this or any other insti- 
tution of learning, it be provided that the power shall be exer- 
cised either exclusively by the Faculty, or in conjunction with 
the Trustees, and the institution should be of such grade and 
character as that a diploma granted, or degree conferred by it 
would be expressive of the fact that the recipient had pursued a 
regular and thorough course of education, and was proficient 
therein. 

The Committee, therefore, instruct me to report the accom- 
panying substitute for the 3rd section, and when so amended, 
recommend the passage of the bill. 

J. G. BROWN, One of Com. 1 

SALE OF SCHOOL LANDS 

Senate Chamber, 
Sept. 28, 1866. 
Senator Foscue made the following report : 

Hon. G. W. Jones, President of Senate : 

The Committee on Education, to whom was referred a House 
bill to be entitled "An Act providing for a sale of the county 
school lands," have had the same under consideration, and in- 
struct me to report the bill back to the Senate, and to state that 
in the opinion of the committee, the political condition of the 
country is so unsettled, and the actual demand for unimproved 
land so small, that it would be impolitic to authorize the police 
courts to put the school lands upon the market at this time, lest 
a part of that valuable endowment should be squandered by im- 

Vournal of the Senate of Texas, Eleventh Legislature, 463. 



460 University of Texas Bulletin 

provident management. The 'committee therefore recommend 
that the bill do not pass. 

F. F. FOSOUE, Chairman. 1 

AN ACT REGULATING PUBLIC SCHOOLS 

Section 1. Be it enacted by the Legislature of the State of 
Texas, That the Police Court shall be a Board of School Com- 
missioners for each county, whose duty it shall be at the first 
session of said court, in 1S67, to form their respective counties 
into school districts of convenient size, and number the same, so 
that each district may be known by its number; Provided, how- 
ever, that in forming said districts, the convenience of neigh- 
borhoods shall be regarded as much as possible, and each school 
district shall contain a sufficient number of children for the 
maintenance of a school. It shall, at the same time, order an 
election by the qualified voters of each school district, for three 
Trustees for each district, giving ten days' notice of such elec- 
tion, by posting up advertisements of the same, at one public 
place, at least, in each district, stating fully the times and places 
of holding, and the object of said election. 

Sec. 2. The County Judge shall appoint a suitable person in 
each district, to preside at the election in his district, who shall 
make his returns within ten days to said County Judge, said 
election being governed in all other respects by the laws regulat- 
ing elections; and he shall order new elections to be held until 
Trustees are elected, and school houses are located. The Trus- 
tees so elected shall hold office until the first of August, 1868, 
but thereafter shall be elected annually; they shall select from 
their number a chairman, who shall, when necessary, call a 
meeting of the Trustees, preside at their deliberations, and per- 
form such other duties as may hereafter be assigned him. Said 
Trustees shall be bodies corporate and politic, by the corporate 

names of "The Trustees of Common School District No. 

(filling the blank with the number of the district.) and for the 
purposes for which they are created, may sue and be sued, hold 
and dispose of property, and do such acts and things as are inci- 
dent and necessary to the performance of their duties. 



Journal of the Senate of Texas, Eleventh Legislature, 274. 



Education in Texas 461 

Sec. 3. It shall be the duty of the District Trustees to fix the 
time aud place for holding- an election in their respective dis- 
tricts, for the location or selection of school houses within their 
respective districts, and to appoint a presiding officer. That the 
chairman of the Board of Trustees shall cause written notices 
of said election to be posted up for at least five days next pre- 
ceding the election, in three public places in each school district. 
That the returns of said election shall be made within five days, 
to the chairman of said board, who shall examine the same, in 
the presence of his co-trustees ; and a majority of the votes 
polled in a district, shall be necessary to the permanent location 
of a school house; and no change of the location of a school 
house thus located, shall be made, except by a majority of two- 
thirds of those voting in such election, taken after due notice as 
above provided. 

Sec. 4. The Police Court shall distribute the funds to which 
each school district may be entitled, to the District Trustees of 
the same, which may be applied to the erection of good and sub- 
stantial school houses, or to the payment of tuition, as a majority 
of the Trustees may determine. 

Sec. 5. It shall be the duty cf the School Trustees, for each 
district, as early as practicable after their election, by giving 
due notice, to call a meeting of all the patrons of the school in 
the district, and a majority of those present shall indicate to the 
Trustees the length of time during the year they desire a school, 
the kind of teacher they want, and the amount of salary they 
are willing to pay. It shall be the duty of said Trustees to ob- 
serve, as far as possible, such instructions, to employ teachers 
of suitable moral character and qualifications, to visit from time 
to time, the district school, or schools, under their charge, to ex- 
pel a pupil for misconduct, to examine all complaints between 
teacher and pupil of a serious character, to discharge a teacher 
for incapacity, or improper conduct, and generally to exercise 
supervision over the affairs of the school within their district. 

Sec. 6. It shall be the duty of the chairman of the Board of 
Trustees for each school district, to present, at least once a year, 
his application to the County Judge of his county, for such 



462 University of Texas Bulletin ■ 

amount of the public school fund as his district may be entitled 
to receive, according to the number of children between the ages 
prescribed, within his district, and the said County Judge, hav- 
ing duly informed himself that the same is correct, shall draw 
upon the County Treasurer an order, under his hand and seal 
of the Police Court for the amount so due, and applied for. 

Sec. 7. No county shall be entitled to receive its portion of 
the school fund, until after a return of its scholastic population. 

Sec. 8. Nothing in this Act shall prevent the Trustees of any 
school district, after being instructed by a majority of the patrons 
of schools in such district, from employing the Teacher of a pri- 
mary department in any college, or academy, and converting 
such primary department into a common school for such district. 

Sec. 9. It shall be the duty of the Assessor and Collector of 
each county in the State, during each and every year hereafter, 
to make out a list of all the free white population in his county, 
between the ages of six and eighteen years, and transmit the 
same, under his official signature, to the County Clerk of the 
county, and a certified copy to the Treasurer of the State, on or 
before the first day of July in each and every year. 

Sec. 10. It shall be the duty of the Clerk of the Police Court 
to file and preserve in his office the list aforesaid, furnished by 
the Assessor and Collector. It shall be the duty of the Treasurer 
of the State to ascertain from the abstracts transmitted to him 
by the Assessor and Collector, the aggregate population between 
the ages of six and eighteen years. And the public school fund 
shall be apportioned among the different counties in the State, 
according to the number of scholastic population in each county, 
subject to the order of the Police Courts, .and payable to the re- 
spective County Treasurers, upon the order of the Police Court, 
under the hand of the County Judge and seal of the Court ; or 
such amount to be placed to the credit of the Assessor and Col- 
lector of taxes of such county, upon his payment into the 
Treasury of his county, the amount so appropriated to such 
county, and filing the receipt of the County Treasurer, acknowl- 
edged by the said Treasurer before the Clerk of the Police Court, 
and by the said Clerk duly certified under his hand, and the seal 
of his Court, with the Treasurer of the State. 



Education in Texas 463 

Sec. 11. The Assessor and Collector of each county, for the 
year 1867, and all succeeding years, shall receive for his com- 
pensation for discharging the duties imposed upon him by this 
Act, twelve cents per child for two hundred children or less; 
eight cents per child for all less than three hundred and more 
than two hundred; six cents per child for all less than four 
hundred and more than three hundred; five cents per child for 
all less than five hundred and more than four hundred; four 
cents per child for all less than a thousand and more than five 
hundred; three cents per child for two thousand and m,ore than 
one thousand; two cents for all over two thousand; and should 
the Assessor and Collector refuse or fail to take and report the 
census of the children as required by this Act, he shall forfeit 
the whole of the compensation allowed, and be fined not less 
than twenty-five nor more than one hundred dollars, at the dis- 
cretion of the Police Court ; and in case of failure, from any 
cause whatever, of the Assessor and Collector, in making a re- 
port of the census of his respective county, to the Police Clerk, 
on or before the first day of July in each year, the Police Court 
shall be authorized to appoint soma suitable (person to) per- 
form said labor, who shall be entitled to the same compensation 
as allowed to Assessors and Collectors under this Act ; provided 
he makes his returns by the first day of September following. 
Assessors and Collectors, or other persons appointed to take the 
census of scholastic population, shall not be entitled to compen- 
sation for their services, unless their returns are made within 
the time prescribed by this Act. 

Sec. 12. The Treasurer of the State shall be ex-officio, Treas- 
urer of the public school fund. It shall be his duty after the 
first day of the fiscal month, in each and every year, to record 
the abstracts of children of lawful age, in different counties, ap- 
portion the money as herein contemplated, distributing to the 
several counties the amount to which each is entitled, according 
to its scholastic population. And it shall be the duty of the 
Treasurer to keep a correct account of all the moneys and mat- 
ters appertaining to the school fund, and report to the Governor 
annually, at the close of the fiscal year, the condition of the 
school fund, and distribution of moneys. That the fiscal scholas- 



•164: University of Texas Bulletin 

tic year shall commence and end upon the fiscal year of the State 
Treasury ; that the Police Court of each county, after ascertain- 
ing the scholastic population, shall make a return of the same to 
the State Treasurer, who, upon the order of the Police Court, 
under the seal of their offices, shall pay over to said Police 
Courts, or their order, their distributive shares of the interest 
of the school fund. 

Sec. 13. In every case where a school claiming the benefit of 
this Act is attended by scholars who reside in a county other 
than that in which the school is taught, the Trustees of such 
school may report to the Police Courts of the several counties 
where the scholars reside, and shall be entitled to a distributive 
share of the county school fund in the same manner as if the 
school were taught in the county of the residence of such scholars. 

Sec. 14. There shall be appointed, by the Police Court of each 
county, a board of school examiners, consisting of five persons, 
three of whom shall constitute a quorum, authorized to act, who 
shall, upon application, examine all persons proposing to teach 
public schools within the limits thereof; and upon finding, after 
examination, such applicant properly qualified to discharge the 
duties of a teacher, shall grant him or her a certificate, stating 
the branches he or she is qualified to teaeh ; and no teacher shall 
be employed, or permitted to teach, in any school whatever, in 
this State, until such teacher has obtained a certificate of qual- 
ification from said school examiners; and it is hereby made the 
duty of the school examiners of each county to exercise a super- 
vision over the schools of their respective counties, and to require 
that all schools be conducted in accordance with the provisions 
of this Act. 

Sec. 15. No school shall be entitled to the benefits of this Act 
unless the English language is principally taught therein. 

Sec. 16. The Treasurer of the State shall furnish forms for 
reports of the several Police Courts and County Treasurer, 
which forms shall be followed in making their several reports; 
and the said Treasurer shall cause a sufficient number of said 
forms, together with this law, to be printed, as will furnish ten 
copies for each Police Court in the State. 

Sec. 17. The County Treasurer of each county shall give bond, 



Education in Texas 465 



with two or more securities, payable to the county, in twice the 
amount of the school fund to which the county shall be entitled, 
so soon as the County Judge shall be notified by the Treasurer 
of the State, of the amount to which his county is entitled, which 
bond shall be conditioned, that he will, well and faithfully, keep 
an account of the money to him committed, as a school fund for 
his county, and pay over the same, only upon the order of the 
County Judge of the county, under his hand and the seal of the 
Police Court. He shall keep an accurate account of all monies 
received and paid out by him, to register and number all orders 
by him paid, or accepted to be paid. He shall, between the first 
and tenth of the fiscal month of the Treasury of each year, re- 
new his bond ; and all suits upon such bonds shall be in the name 
of the county, and in other respects they shall be governed by 
the laws regulating the bonds of County Treasurer. 

Sec. 18. That all laws, and parts of laws, in conflict with the 
provisions of this Act, be, and the same are hereby repealed, and 
this Act take effect and be in force from and after its passage. 

Approved November 12, 1866. 1 

PROVISION FOR PAUPER EDUCATION 

An Act to provide for the education of the indigent white 
children of the several counties of the State. 

Section 1. Be it enacted by the Legislature of the State of 
Texas, That the Police Courts — at their discretion — of the sev- 
eral counties of the State, may levy and collect a tax, annually, 
not to exceed one-half of the State tax, and upon the same sub- 
jects of taxation, (Africans or descendants of Africans and their 
property excepted,) to be applied solely to the education of the 
indigent white children of their respective counties. 

Sec. 2. The said tax shall be levied and collected in the same 
manner and under the same rules and regulations as other county 
taxes. 



^■General Laws of the State of Texas, Passed by the Eleventh Legis- 
lature, 170-174; 

Gammel's Laws of Texas, Vol. 5, (108S-1092). 



466 University of Texas Bulletin 

Sec. 3. The Police Courts shall cause a list to be made of all 
indigent white children of their respective counties, subject to 
the benefits herein contemplated, and shall cause the funds to 
be raised under the provisions of this Act to be applied solely to 
the payment of tuition of those contained in said list, under such 
rules and regulations as the Court may prescribe, to the end that 
the fmids may be most economically and effectually applie,d. 

Sec. 4. That this Act shall take effect and be in force from 
and after the first day of January, 1867. 

Approved November 12, 1866. x 

POLITICAL PLATFORMS 

REPUBLICAN STATE CONVENTION, 1867 

Houston, July 4 and 5 

PLATFORM 



Whereas, it is proper that we should publicly declare the views 
and principles upon which we propose to act, and by which we 
intend, as a party, to be guided ; therefore, 

Resolved, 



5. That as a measure of State policy, we will endeavor to 
establish, at the earliest practicable time, a system of free com- 
mon schools for the equal benefit of all children and youths of 
the scholastic age, without distinction of race or color, to be sup- 
ported by equal and uniform taxation, until a school fund can 
be made available for this purpose. 2 



^General Laws of the State of Texas, Passed by the Eleventh Legist 
lature, 195-196. 

2 Winkler, E. W., Platforms of Political Parties in Texas, 100-101. 
Tri-Weekly Austin Republican, October 26, 1867. 



Education in Texas 467 

REPUBLICAN STATE CONVENTION, 1868 

Austin, August 12-14 

PLATFORM 
MINORITY REPORT 

The following minority report was presented, but rejected, whereupon 
delegates to the number of thirteen withdrew. Among the bolters were 
E. J. Davis, E. Degener, and James P. NewcombJ 1 

Austin, Texas, August 13, 1868. 
To the Hon. J. H. Bell, President of the Republican Convention: 

The undersigned, one of the Committee on Resolutions, begs 
leave to report that while he agrees with the majority of said 
Committee in regard to the resolutions reported by the same, it 
is his opinion that the two resolutions herewith reported should 
have been added. 

In his opinion, these additional resolutions (or something of 
their nature) express the sentiments of a large majority of the 
loyal people of this State in regard to the matters at issue, and 
besides are necessary to set at rest questions that are disturbing 
the Union party, and may possibly cause estrangement among 
those that should be friends. 

In the vote on the adoption of these additional resolutions, Mr. 
Williams, of the Committee, agreed with the undersigned on the 
first resolution, and Messrs. Williams and Watrous on the second. 
The other members present (all except Mr. Hamilton being 
.present) were adverse to the adoption of the same. 

Respectfully, 

E. J. Davis. 



Resolved, [2] That the pretended laws of said pretended legis- 
lature authorizing payment in so-called State warrants of in- 
terest due from railroads to the school fund, were in fraud of 



*In every case I have copied the foreword of explanation from Mr. 
Winkler. 



468 University of Texas Bulletin 

the rights of the children of this State, and the pretended pay- 
ments made thereunder (amounting in total to upwards of 
$320,000) were null and should not be regarded in making set- 
tlement with said railroads. 1 



RADICAL REPUBLICAN CONVENTION, 1868 

Austin, August 14 and 15 

The delegates who withdrew from the regular Republican convention 
proceeded to hold a convention of their own. 

PLATFORM 

Mr. Talbot, from the Committee on Platform, introduced the 
following resolutions : 

Besolved, 



8. That the encouragement of manufactures and internal im- 
provements, under some general and effective system, should, in 
our opinion, be made a part of the organic law. But of first im- 
portance is the establishment and support of a complete com m on 
school system, and we recommend that all money, claims, and 
property belonging to the school fund should he collected without 
delay and appropriated to this purpose and that other means, if 
wanting, should be supplied. 

On motion of Hon. E. J. Davis, of Nueces, the resolutions were 
unanimously adopted. 2 



x Ibid., 115; Daily Austin Republican, August 15, 1868. 
2 Ibid., 115-116; San Antonio Express, August 21, 1868. 



Education in Texas 469 

CONSERVATIVE RECONSTRUCTIONIST STATE 
CONVENTION, 1868 

Houston, January 20 

RESOLUTIONS 



Resolved, 



2. We hold that the adoption of such a line of public policy 
by the people of this commonwealth will not only cause an early 
restoration of the State, but will redound to the welfare of the 
people by their full enjoyment of a republican form of govern- 
ment as guaranteed by -the Constitution, and the adoption also 
of such a liberal State constitution as will guide the future leg- 
islation of the State in the interests of a complete development 
of all its resources and wealth, a liberal policy towards immi- 
gration, public lands, railroads, and public school system, which 
are freely acknowledged to have done so much towards the here- 
tofore prosperity of sister States. 1 



CONVENTION OP DEMOCRATIC EDITORS, 1869 

Brenham, September 29 and 30 

A small number of editors of Democratic newspapers gathered at 
Brenham, nominated a State ticket and adopted the platform below. 

PLATFORM 

Whereas, a large number of the representatives of the Dema 
cratic press of Texas, assembled in convention, have deemed it 
necessary in the present crisis to obtain a reorganization of the 
Democratic party ; therefore, be it 

Resolved, 

[9] That a system of internal improvements for developing 



1 IMd., 103; Flake's Daily Bulletin, Galveston, January 5, 1868. 



470 University of Texas Bulletin 

the resources of the State should be devised, and most liberally 
encouraged by grants of public domain. 

[10] That we are in favor of the immediate establishment of a 
system of public schools for the separate education of the white 
and colored children of the State, to be so organized as not to 
violate the social laws governing the races, and so diffusive in 
their character as to secure equal benefits to all. 1 

MESSAGE OF GOVERNOR PEASE TO THE CONSTITUTIONAL. 
CONVENTION 

Gentlemen of the Convention : 



It is not my province to make recommendations for your ac- 
tion ; but I trust that it will not be considered improper for me 
to suggest that, in the Constitution you are about to form, it 
is expected — 



That you will make a liberal provision, by taxation upon prop- 
erty, for the immediate establishment of Free Public Schools for 
the education of every child in the State. 2 

E. M. PEASE 

Governor of Texas 



"I&idL 123; Galveston Civilian, October 7, 1869. 

"Message of His Excellency Elisha M. Pease, Governor of Texas, to 
the Constitutional Convention, June 3, 1868, 5-6; Journal of the Re- 
construction Convention which met at Austin, Texas, June 1, A. D., 
1868, 14. 



Education in Texas 471 

JOURNAL OF THE RECONSTRUCTION CONVENTION 



CAPITOL, AUSTIN, TEXAS, 

June 8, 1868. 



Mr. Talbot offered the following resolution: 

Resolved, That the Governor be requested to transmit to the 
Convention the report of the Superintendent of Public Schools 
upon the condition of his office. 

Resolution laid over one day. 1 



CAPITOL, AUSTIN, TEXAS, 

June 11, 1868. 

The President announced the receipt of the following com- 
munication from his Excellency Governor E. M. Pease, trans- 
mitting report of the Superintendent of Public Instruction, in 
response to a resolution introduced by Mr. Talbot on the 9th 
instant. 

EXECUTIVE OFFICE, AUSTIN, 
June 1, 1868. 

Hon. E. J. Davis, 

President of the Constitutional Convention : 

Sir : I have the honor to acknowledge the receipt • of your 
letter of this date, inclosing a copy of the Resolution offered by 
Mr. Talbot, Chairman of the Committee on Education, asking for 
certain information from the Commissioner of the General Land 
Office ; and also requesting me to transmit to the Convention the 
Report of the Superintendent of Public Schools, upon the condi- 
tion of his office. 

In reply, I beg leave to transmit herewith the Report of the 
Superintendent of Public Instruction, which, I presume, is the 
Report desired. 

Very respectfully, 

your obedient Servant, 

E. M. PEASE. 



\Journal of the Reconstruction Convention which met at Austin, Texas, 
June 1, A. D. 1868, 42-43. 



472 University of Texas Bulk tin 



Austin, Texas. May 30, 1868. 



To His Excellency E.. M. Pease, 

Governor of the State of Texas : 

In accordance with your instructions I have the honor to sub- 
mit the following report, embracing a summary of what has 
been clone hitherto for the maintenance of public education in 
Texas ; together with such suggestions as may be of use in found- 
ing a system of permanent public schools. 

While Texas remained as a frontier province of Mexico, with 
a small white population in scattered settlements, open on every 
side to the inroads of the wild tribes of the Plains, no provision 
could be made for public instruction. 

In 1836, in the organic act which broke the federal relation 
with Mexico, and declared Texas an independent republic, it is 
made "the duty of Congress, as soon as circumstances shall per- 
mit, to provide by law a general system of education." Accord- 
ingly, three years later, an act was passed granting to each 
county three leagues of land for school purposes. In the follow- 
ing year a board of school commissioners for each county, con- 
sisting of the chief justice and two associate justices, were ap- 
pointed, with power to locate and survey these lands ; while an 
additional league was granted to each county, which the board 
were empowered to sell at their discretion, and apply the pro- 
ceeds, one-half for the use and benefit of an academic school for 
each county, and the remainder to be distributed equally among 
the various primary schools. 

It was subsequently provided that these lands should not be 
sold or disposed of save by lease, and that for a limited term of 
years. As there was no possibility of leasing lands, the pro- 
vision simply amounted to a prohibition of their sale. In view 
of the vast amounts of land that were then being thrown upon 
the market at a nominal price, the restriction was a wise one, and 
prevented the waste of this liberal grant. 

At that time the Congress of the Republic could do nothing 
more for the cause of popular education than to lay the founda- 
tion that aftertimes might develop into a permanent school fund 
such as has not heretofore fallen to any community. 



Education in Texas 473 

At the close of the year 1845 occurred the annexation of Texas. 
The convention that then framed the State constitution found 
the endowment in this condition, and by article ten confirmed the 
restriction on sales in the act of 1839, and extended the benefits 
of the grant to all the other counties established subsequently to 
the passage of that act. 

By this legislation a grand total of 520 leagues, or 2,302,560 
acres was set apart to the one hundred and thirty organized coun- 
ties in the State, as the basis of a perpetual school fund. About 
five-sixths of this amount has been located and surveyed. 

The Legislature was also enjoined "to make suitable pro- 
vision for the support of schools;" "to establish free schools 
throughout the State, furnish means for their support by taxa- 
tion on property," and "to set apart not less than one-tenth of 
the revenue of the State, derivable from taxation, as a perpetual 
fund, which shall be appropriated to the support of free public 
schools, and entitled the General Common School Fund." 

Laws from time to time were passed in accordance with this 
article of the organic law, and the fund thus accruing amounted 
in 1855 to $128,668. 

In January, 1854, a great forward step was taken. The sum 
of two millions of dollars in United States bonds (being a por- 
tion of the ten millions indemnity paid by the Federal Govern- 
ment to Texas, in settlement of boundary claims), was set apart 
as a special school fund; the interest arising therefrom to be 
applied toward the payment of teachers' salaries; while the in- 
come from the general school fund, derivable from the one-tenth 
taxation, was to be devoted to the payment of the school rates of 
indigent pupils. The chief justices and county commissioners 
were required to form their respective counties into school dis- 
tricts of convenient size, and to order an annual election in each 
district of a board of trustees who were charged with the school 
interest of their districts. The assessor and collector of each 
county was enjoined to take a yearly census of all persons of 
schoolable age, which census became the basis of the money dis- 
tribution. The State Treasurer was made ex-officio superin- 
tendent of common schools. 

This law, copied from the successful school experience of older 



4/4 University of Texas Bulletin 

States, was, in its general scope, progressive and satisfactory. It 
might well have been made the basis of an efficient public school 
system, carrying instruction by force of law into every village 
and settlement of the State. 

But it was soon found that legislation had out run public 
opinion. Many of the officers named in the law were remiss in 
the performance of duty; but partial returns were received from 
the counties; not one-fourth of the school districts complied with 
the conditions upon which the distribution of the fund de- 
pended, so that the greater portion of the moneys distributed 
through the years 1854-5 remained in the hands of the county 
officers. There was no one charged with supervision; no officer 
set apart to lend force and impulse to the machinery of the law. 
The Treasurer, absorbed in the more legitimate duties of his 
office, could give to education but incidental and casual atten- 
tion ; above all, the spirit of slave society, always and essentially 
aristocratic, was adverse to the education of the people. 

At the end of two years the common school law of 1854 was 
repealed or materially changed, the district system abolished, 
and the board of trustees dispensed with; it being provided in 
their place that "all schools, the teachers of which shall make a 
tabular return of attendance to the county courts, shall be public 
schools." 

By another section of the act of 1856, authority was given to 
loan the special school fund to railroad companies under certain 
conditions ; the companies giving first mortgage bonds payable 
in ten years at six per cent in specie, with a further annual pay- 
ment of two per cent as a sinking fund. 

The general school fund received from one-tenth taxes and the 
special school fund of $2,000,000' were blended and made one, and 
the income from both assigned to the use of the scholastic popu- 
lation, as follows : First, in payment of the tuition of indigent 
children, especially orphans, and the children of widows; the 
balance to the paying patrons of the schools pro rata. 

This plan of loaning the school moneys was judicious, and 
under wise restrictions would have been a safe investment. But 
instead of confining the loan to a few prominent trunk-lines 
until completion, charters were indiscriminately granted, and 



Education in Texas 475 

State aid unwisely extended to companies without responsibility 
or capital. The fund thus scattered served to begin many roads, 
and to finish none. The companies, without income or credit, 
and loaded with debt, began even before the war to fail to comply 
with their obligations to the school fund; and the rebellion com- 
pleted the suspension of payments, or authorized them to be 
made in worthless paper. 

This act was amended, in some of its details, in 1858, and in 
accordance with its provisions the income of the fund was an- 
nually distributed to the counties until the civil war engulfed all. 

The school resources were greatly strengthened this year 
(1858) by the important law of February 11, which added to 
the principal of the educational fund the proceeds of all sales of 
public lands. This law was repealed during the war. It should 
be re-enacted, and made irrepealable. 

I have not been able to find any official statement or record of 
the yearly progress of education in Texas under these various 
laws ; nor of the number of teachers and of schools. There seems 
to have been but little inspection, discrimination or progress. 
The Treasurer, in his reports, complains of the chronic remiss- 
ness of the counties in forwarding data: in the year 1861, for 
instance, out of a total of one hundred and twenty-four organized 
counties, but "twelve of the county courts made their reports as 
required by law. ' ' While the State was distributing upward of 
$100,000 annually for the support of public education, no sum- 
mary of facts and school statistics were published or preserved. 
Such fragmentary data as were obtainable are here subjoined. 

The Treasurer reports a disbursement for schools during the 
years 1854-5 of $27,137. For the six following years the amounts 
paid and the number of school children were as follows : 

Scholastic census Amount Per capita 

In 1856 72,826 $101,588 $1.38 

In 1857 87,000 106.000 1.21 

In 1858 102,772 105,855 1.03 

In 1859 101,031 113,154 1.12% 

In 1860 104,447 104,447 1.00 

In 1861 105,200 65,224 0.62 



476 University of Texas Bulletin 

Since 1861 no disbursements for schools have been made from 
the treasury. 

In the first year of the rebellion the summary of the school 
fund was as follows : 

Specie $ 76,389.90 

United States bonds 782,000.00 

Interest coupons 17,675.00 

Eailroad bonds 1,635,500.00 

Interest due 72,450.00 

State warrants 8,518.24 

Total $2,592,533.14 

In the destruction consequent upon the war, all of these funds 
that could be cashed, or made available, were sunk. Before the 
fifth of August, 1865, the total thus expended amounted to 
$1,285,327 ; for which, as the school fund had been declared per- 
manent and inalienable, the State is in equity liable. 

The railroad bonds alone were left. These roads have all 
forfeited their charters by non-payment of interest, and are 
almost hopelessly in arrears. With perhaps a single exception, 
they are regarded as insolvent. Omitting the arrears of the sink- 
ing fund, their condition is as follows : 

Unpaid principal $1,753,317.00 

Interest due to March 1, 1868 450,140.00 

Total $2,203,457.00 

The total now due may be summed up thus : 

Due by Railroads $2,203,457.00 

Due by the State 1,285,327.05 

Specie in treasury 59,779.31 

Currency 855.22 

Total $3,549,418.58 

So nearly has this great endowment become extinct, that it is 
very doubtful whether, in its present condition, an annual in- 
come of thirty thousand dollars can be realized from it for the 
maintenance of schools. 

The Convention of 1866 amended in some important respects 



Education in Texas 477 

article ten of the old constitution on education. It provided for 
a Board of Education and a Superintendent of Schools — the 
latter an office essentially necessary to the successful operation 
of a common school system. In addition to the school lands 
granted to the counties, it set aside the reserved sections of rail- 
road lands, together with one-half of the proceeds arising from 
the sale of all public lands, as a basis for a perpetual school 
fund; and it wisely placed the county lands under the control 
of the Legislature, which was authorized to provide for their 
sale. But a clause of section six, giving to each county the power 
to negative the sale, rendered the provision valueless. The Leg- 
islature should have exclusive control of the school lands. 

The railroad lands thus granted and yet unsold, amounting to 
2,548,070 acres, added to the former grant, makes a total land 
endowment of 4,850,630 acres. If these lands are placed in the 
market gradually, in accordance with the annual demand of im- 
migration and of a growing population, and sold on long credits 
with interest, they would, on the return of prosperous times, soon 
bring an average price of two dollars per acre. Before many 
years a fund could thus accrue of over nine millions of dollars. 
To these land endowments should be added, and made inalienable 
by the organic law, the remaining public domjain. 

The public lands of Texas, which a few years since amounted 
to 175,000,000 of acres, exceeding in size the combined area of all 
the States on the seaboard from Maine to Maryland; and which, 
if properly husbanded, would have sufficed for all demands of 
State revenue, of Education, and of Public Works, for many a 
year to come, have been so ingeniously lavished, that little now 
is left save Young's Territory, the sterile wastes of the Staked 
Plain, and the mountain ranges of El Paso. 

With the exception of that portion ceded to the Federal Gov- 
ernment, the State has realized comparatively nothing from its 
immense possessions; and but a few years more of special and 
speculative legislation is needed to dissipate, without remedy, 
the last fragment of the public lands. The prodigal past cannot 
be redeemed, but in this moment of fundamental change, we will, 
if we are wise, provide for the future. 

The unsold lands of our State now offer the means of strength- 



478 University of Texas Bulletin 

ening the wasted and ruined school fund to the height of every 
future demand. If neglected now, never again will the highest 
interests of the commonwealth find at our hands so propitious 
an occasion. The fund this accumulated, while set apart as an 
inviolable educational resource for all coming years, could be 
invested (under such careful conditions as would give safety, 
strength and permanency to the plan) in the bonds of a system 
of main trunk railroad penetrating every section with vital lines 
of travel and of trade. 

The provision of the old constitution, by which one-tenth of 
the annual revenue derived from taxation was added to the prin- 
cipal of the common school fund, is abolished by the constitution 
of 1866. It is recommended that at least double the former pro- 
portion be now set apart — not, however, to augment the principal 
of the fund, but to serve as an immediate means of income, and 
to be annually expended for" the support of schools. 

The State revenue may be estimated for the next five years at 
about $500,000 per annum, one-fifth of which would yield for 
public education $100,000. This amount, combined with what- 
ever gleanings of income may be realized from the old fund, 
would suffice to set on foot a system of primary schools suited to 
the peculiarities of our country and population, and placing in- 
struction within the reach of every child of whatever color, con- 
dition or race. 

The sum asked for is not large, either as compared with the 
ability of Texas, or with the expenditure of other American 
States. Fifty-two per cent of the ordinary taxation of Ohio is 
yearly expended in support of education. The State of Vermont, 
rocky and poor, with a stationary population of 315,000, and 
with a smaller aggregate of fertile soil" than many a Texas 
county possesses, paid out in 1866 for common schools $421,441 ; 
while all other expenditures for carrying on the civil govern- 
ment were less than $193,000. Iowa, settled and admitted into 
the Union later than Texas, with a population in 1867 of 900,000 
and with not a tithe of the natural wealth and resources of our 
commonwealth, expended last year upwards of two millions of 
dollars for public schools ! 

One-twentieth of that sum is not a large yearly appropriation 



Education in Texas 479 

for us, with a population of 800,000, of whom one-fourth are 
between the ages of five and eighteen. 

In view of the fact that the Convention is about to assemble, 
to frame pr revise the fundamental law of the State, I would 
respectfully suggest the desirableness of securing, in the edu- 
cational clause of the new constitution, the following features 
of a school system : 

1. A common school fund, consisting of whatever values may 
be realized from the wreck of the former fund; the proceeds of 
fines, forfeitures, estrays, and of the estates of deceased persons 
to which the State may become entitled by law ; the county school 
lands ; the reserved sections of railroad lands ; the public domain 
not otherwise appropriated. The principal of the fund not to be 
diverted or diminished, and the income to be devoted to the sup- 
port of common schools by the payment of the salaries of 
teachers. 

2. One-fifth of the aggregate annual income of the State to 
be yearly expended as above. 

3. The Legislature to be authorized to provide, by the levy- 
ing of a tax, for the erection of school buildings, etc. 

4. The supervision of public instruction to be vested in a 
Board of Education, and a State Superintendent of Schools, 
whose powers and duties shall be prescribed by law. 

5. The Legislature to provide by law, at the first session, for 
the division of the State into districts of convenient size, and 
for the inception of a general and uniform system of common 
schools, to continue at least four months in every year, equally 
open to all children between the ages of five and eighteen, where- 
in tuition shall be without charge, and every child of requisite 
age required to attend, unless educated by other means. 

Thus, while the paramount law ordains that there must be a 
system of free primary schools, open to the entire youth of the 
State, it may properly refer to the Legislature the settlement of 
the details thereof; the construction of buildings, the salary of 
teachers, the method of instruction, the question of separate or 
mixed schools, the plan of supervision, and the whole apparatus 
of the law. 

It seems to have been a cherished design of the people of 



480 University of Texas Bulletin 

Texas to establish an institution for the instruction of youth in 
the higher branches of learning; and by generous grants to so 
endow the same as to place within the reach of rich and poor the 
privilege of a liberal and thorough education. The President 
of the Republic was ordered, in 1839, to set apart 221,400 acres 
for this purpose. In 1856 one hundred thousand dollars in 
United States bonds and one-tenth of the railroad lands were 
also appropriated "for the establishment and maintenance of 
the University of Texas," and the lands were offered for sale on 
a credit of twenty years. The grant was ample ; the lands were 
choice, and large amounts were readily sold at an average price 
of three dollars and thirty-four cents per acre. Of this fund 
$379,168 was destroyed during the civil war by the State author- 
ities; and it is understood that considerable sums, the proceeds 
of the land sales, were paid in Confederate money. 

The amount of the University fund now in the treasury is 
$134,472 in State paper. No practical steps have yet been taken 
toward the location and establishment of this institution. But 
when once our State is dotted with common schools in full oper- 
ation, for the education of the children of the people, these will 
naturally require to be supplemented by High, graded and Nor- 
mal schools, adapted to pupils of a larger growth, and these 
again crowned by a University. 

A State University is indeed a logical necessity and outgrowth 
of the free school system, the head of the grand line of forces by 
which we would draw the whole people up to light and knowledge. 

Of the value and need of public education little has been said 
in this report, for little need be said. Its own unquestioned util- 
ity lifts it above the support of argument. The imperative neces- 
sity of public "schools, established for all, open to all, upon equal 
terms, and upon principles common to all, has grown into a clear 
conviction, not liable to debate. The question is a closed one. 
With the American people, especially, the system of common 
schools is not an experiment. Since its early adoption upon the 
Atlantic shores, its growth has been continuous, and now, per- 
fected by the experience of five generations, it is the chief glory 
of the Republic. 

And this sense of the vital relation between free government 



Education in Texas 481 

and universal education has been deepened a hundred' fold by 
the grand lessons of the war. Treason found no foothold among 
the educated commonwealths of the North and West, The public 
schools of the free States were the great bulwark of the imperilled 
Unity and Nationality. They were everywhere living fountains of 
loyalty and patriotism. No insurgent State had a practical free 
school sytem, and no loyal one was without it. The line of Free 
Schools divided the faithful and the rebel communities as sharply 
as did the contending camps. From that war we have emerged 
with changed purposes and an altered destiny. We are not the 
same people that we were ; we can never be the same. To us the 
task is set to place our commonwealth in line with the nineteenth 
century, and to re-adjust the course of the ship of State for a 
new historic voyage. A civilization vitalized and energized by 
free schools is our chief need, and the education of youth our 
primary duty. Let the community in its organized capacity pro- 
vide the bread of knowledge for all its children, and leaven with 
intelligence the whole mass of society. As the lintits of citizen- 
ship widen, let us equally enlarge the capacity of the citizen. 

There is nothing we ought not to do, there is no effort we ought 
not to make ; there is no sacrifice, whether of money or of preju- 
dice, we ought not to yield, rather than allow a generation into 
whose hands the ballot and the government is gravitating, to re- 
main unfitted for their duties and destiny. 

That so many of our people are grossly, dangerously ignorant, 
has long been a reproach and a moral stigma upon us ; it is now 
something more — a question of self-preservation. In a country 
where all are rulers, all must be educated, or the lower level drags 
down all above. 

Universal suffrage necessitates universal education. 

Very respectfully, 

E. M. WHEELOCK, 
Superintendent of Public Instruction. 

Mr. Talbot offered the following resolution : 

Resolved, That the reading of the report of the Superintendent 
of Education be dispensed with. That the same be referred to 
the Committee on Education, and that the Committee on Print- 



482 University of Texas Bulletin 

ing be directed to contract for the printing of 1000 copies of the 
same for the use of the body. 

Mr. Talbot moved that the rules be suspended to take up the 
resolution. 

Carried. 

Mr. Armstrong moved to amend the resolution by substituting 
"500" in the place of "1000." 

Carried. 

The resolution as amended passed to second reading and was 
ordered to be engrossed. 

Mr. Talbot moved that the rules be suspended for the further 
consideration of the resolution. 

Rules were suspended ; resolution read third time and passed. 1 



CAPITAL, AUSTIN, TEXAS, 

June 27, 1868. 

Mr. Lindsay introduced the following declaration : 

Be it declared, by the People of Texas in Convention assembled, 
That one-fourth of the annual tax assessed and collected, as a 
revenue, by the State, shall be sacredly dedicated to the education 
of the children living and resident in the State, without regard to 
race, color and previous condition. And if the said one-fourth 
of the revenue so assessed and collected, should exceed the sum 
necessary for the annual accruing wants of the education of the 
children, the regularly accruing surplus shall be funded and in- 
vested in such stock and securities, as may be prescribed by law, 
the interest of which alone shall be used and applied for educa- 
tional purposes. But, in no event, shall the money arising from 
such revenue and funded interest be diverted by the Legislature 
from the purposes of education. 

Be It Resolved, That the above declaration be engrafted upon 
the Constitution 

On motiui the declaration was referred to the Committee on 
Education. 2 



l IUd., 64-73. 
2 Ibicl., 158. 



Education in Texas 483 

CAPITAL, AUSTIN, TEXAS, 
July 23, 1868. 



To the Hon. E. J. Davis, 

President of the Convention: 

Sir : The undersigned five members of the Committee on Edu- 
cation, beg leave to submit the following statement of our views 
in regard to the indebtedness of the railroads of the State to the 
Special School Fund : 

We find that by the legislation of 1839 and 1845, 2,302,560 
acres of land were set apart to the one hundred and thirty- 
organized counties of the State, as the basis of a perpetual School 
Fund. About five-sixths of this amount has been located and 
surveyed. 

The Convention of 1866, in addition to the land grant to the 
counties, set apart for educational purposes the reserved sec- 
tions of railroad lands, amounting to 2,548,070 acres; making- a 
total land endowment of 4,850,630 acres. 

Your committee is of opinion that many years must elapse be- 
fore any adequate amount will be realized from the sale of these 
lands. 

Any school system we may adopt will have to depend mainly 
for support upon other sources of income, until the stable recon- 
struction of laws and society in Texas shall have produced their 
good fruits in a more general prosperity and the consequent rise 
in value of real estate. 

In 1845, five per cent. United States specie bonds, to the amount 
of two millions of dollars, were set apart as a special school fund, 
to be applied towards the payment of teachers' salaries. 

To the history of this fund we invite your special attention. 

In 1856, authority was given to loan this fund to railroad com- 
panies under certain conditions; the companies giving first 
mortgage bonds payable in ten years, at six per cent, specie, in- 
terest, with a further annual payment of two per cent, as a sink- 
ing fund. This act was amended in 1858, but these conditions 
were unchanged. 

Under this law, the Houston and Central Railroad, borrowed 



484 University of Texas Build in 

in 1858-9, $450,000. The interest on which was paid to March 
1st, 1860. 1 

From this date to January 20th, 1864, no interest was paid. 
In the month of January, March, April, July and August, 1864, 
there were made so-called payments of interest in State war- 
rants, amounting to $105,800.00. 

The next payment occurred April 23d, 1866, in specie, to the 
amount of $10,830.00. 

During 1867, five payments were mlade in specie, the aggregate 
amounting to $27,460. 

In the opinion of your committee the so-called payment of 
interest, in State warrants, during the year 1864, amounting to 
$105,800, is not an equitable payment and should not be credited 
as such. This sum deducted, the indebtedness of the Houston 
and Central road to the School Fund is as follows : 

Interest due to March 1st, 1868 $193,284.59 

Principal due 432,090.00 

Total $625,374.59 

The indebtedness of the Washington County Railroad is as 
follows : 

Borrowed of the School Fund June 6th, 1859 $ 66,000.00 

Paid to sinking fund June 6, 1860 1,320.00 

Total principal due $ 64,680.00 

Interest due to March 1st, 1868, after deducting all 

specie payments 31,698.19 

Total indebtedness to March 1st, 1868 $ 96,378.19 

There were so-called payments of interest and prin- 
cipal, made in State warrants during the years 

1864, and 1865, to the amount of $ 47,090.20 

The Buffalo Bayou, Brazos and Colorado Railroad, 
borrowed from the School Fund at various 
times, from March 1st, 1858, to Decemjber 

17th, 1859 $420,000.00 

Paid to sinking fund 12,000.00 

Total principal due 408,000.00 



Education in Texas 485 

Interest due and unpaid to March 1st, 1868 210,174.55 

Total indebtedness to March 1st, 1868 $618,174.55 

There were so-called payments of interest on this 
account during 1864, made in State warrants 

amounting to 98,019.25 

The Houston Tap and Brazoria Railroad company 

borrowed in 1859 and 1860, in coin 300,000.00 

Of which there is now due 295,800.00 

Interest due to March 1, 1868 142,845.71 

Total indebtedness $438,645.71 

So-called payments were made in State warrants 

during the year 1864, to the amount of $ 69,483.33 

The Southern Pacific Railroad Company borrowed 

of the School Fund in 1862, in specie $150,000.00 

None of which has been paid 

Interest due to March 1, 1868 52,625.25 

Total indebtedness $202,625.25 

Texas and New Orleans Railroad borrowed of 

School fund, in coin $430,500.00 

Interest due March 1, 1868 $164,666.25 

Total indebtedness $595,166.25 

RECAPITULATION OF DEBT 

Houston and Texas Central $625,374.59 

Washington County 96,378.19 

Buffalo Bayou, Brazos and Colorado 618,174.55 

Houston Tap and Brazoria 438,645.71 

Southern Pacific 202,625.25 

Texas and New Orleans 595,166.25 



$2,576,354.54 

Recapitulation of the amount of State warrants issued by the 
rebel State government during the war, and paid into the State 



486 University of Texas Bulletin 

Treasury as a specie payment on the School Fund debt. 

Houston and Texas Central $105,800.00 

Washington County 47,090.20 

Buffalo, B. B. and Colorado 98,019.25 

Houston Tap and Brazoria 69,483.33 



$320,392.78 

Your committee is of opinion that none of these so : called pay- 
ments made by railroads in State warrants, during the late war, 
should be allowed by the loyal State government. 

The policy of the so-called government of the State during the 
war was to maintain the value of their paper money, or warrants 
issued for the carrying out of purposes hostile to the United 
States, and having this purpose in view, the pretended law was 
passed under which these payments were made. 

The foregoing being considered, and your committee being 
desirous to recommend such a declaration as will secure the 
school fund of the State in its just claims- against these roads, 
as well as to give the companies a fair opportunity to relieve 
themselves of these claims without hasty sacrifice of property, I 
have been instructed to report the following declaration, and to 
ask that it be incorporated into the Constitution. 

DECLARATION 

Providing for the sale of such railroads of this State 
as may be indebted to the school fund. 

Section 1. Be it declared by the people of Texas in Conven- 
tion assembled, That the railroads within this State which are 
indebted to the school fund, to-wit : The Buffalo Bayou, Brazos 
and Colorado railroad; the Washington County railroad; the 
Houston and Texas Central railroad ; the Houston Tap and Bra- 
zoria railroad ; the Southern Pacific railroad, and the Texas and 
New Orleans railroad, shall be sold by the Governor of the State, 
either at public auction or private sale, as 1 he may order, to any 
company or individual that will, in the particular case, assume 
the entire debt that may be due from the railroad to the said 
school fund; such sale to be under the following terms and 
conditions : 



Education in Texas 487 

The company or individual purchasing any of the railroads 
sold under this provision, to deposit in the treasury of the State, 
at the time of such sale, the one-fourth part of such indebted- 
ness, which said fourth part may be used, under the supervision 
of the Governor, in putting the railroad sold in good running 
order, or in extending the same. 

That the company or individual purchasing, any of said raih 
roads under the provisions thereof, shall have a term of twenty 
years within which to complete payment of the indebtedness to 
the school fund, the payment to be made in equal semi-annual 
installments, with interest at six per cent per annum, payable 
also semi-annually. That should any company or individual, 
who may purchase under the provisions hereof, fail to make any 
of the semi-annual payments, either of the amount of indebted- 
ness to said school fund, or of interest due, then the whole 
amount of such indebtedness and interest shall become due, and 
the railroad in possession of such company or individual shall 
be again sold by the Governor, under the terms and conditions 
of this declaration. 

Provided, That, in making the first sale of any of the said rail- 
roads, as hereinbefore provided, the Governor shall give a prefer- 
ence to the company or individual at present owning the same. 

Provided further, That should the Governor not be able to sell 
any of said railroads, under the terms and conditions of this 
declaration, then he may sell the same at public auction uncon- 
ditionally, for such sums as may be offered for the same. 

Provided further, That the indebtedness of said railroads, 
hereinbefore mentioned, is intended to include the total amount 
of principal and interest due from said railroads without regard 
for any pretended payment made during the late rebellion, when 
such payments were made in any other currency than gold and 
silver. 

J. G. Lieb, Joseph W. Talbot, Chairman. 

Jacob Kuechler, Ralph Long, 

James P. Butler. G. J. Ruby, 



488 University of Texas Bulletin 

On motion the Convention adjourned until tomorrow morning 
at nine o'clock. 1 



CAPITOL, AUSTIN, TEXAS, 

July 31, 1868. 



Mr. Talbot, from the Committee on Education made the fol- 
lowing report. Reading was dispensed with, and it was ordered 
to be printed. 

Committee room, 
Austin, July 31, 1868. 
Hon E. J. Davis, 

President of the Convention: 

Sir : Your Committee on Education, having had under con- 
sideration that part of the Constitution, have instructed me to 
report the accompanying article on that subject. The necessity 
that exists in all free States for the education of all the children 
of the State, has come to be so universally acknowledged, that no 
argument appears necessary to justify the committee in having 
made so liberal provision for the support and maintenance of 
public schools, and in giving the control of the whole subject to 
an independent board. The article is respectfully submitted to 
the consideration of the Convention. 

Joseph W. Talbot, 
Chairman. 

Provisions Respecting Education. 

Section 1. A general diffusion of knowledge being essential 
to the preservation of the rights and liberties of the people, it 
shall be the duty of the Legislature of this State to make suitable 
provision for the support and maintenance of a system of public 
free schools, for the gratuitous instruction of all the scholastic 
inhabitants of the State between the ages of six and eighteen 



'Ibid., 482-487. 



Education in Texas 489 

years, without distinction on account of race, color or previous 
condition. 

Sec. 2. The public free schools and other educational insti- 
tutions of the State shall be under the management of a Board 
of Education, consisting of a Superintendent of Public Instruc- 
tion, the Controller, and two members from each Congressional 
District. The Governor of the State shall be ex-officio a member 
of the Board, but shall have no vote in its proceedings. 

Sec. 3. The Superintendent of Public Instruction shall be 
President of the Board of Education, and have the casting vote 
in case of a tie. He shall have the supervision of the public free 
schools of the State, and perform such other duties as may be im- 
posed upon him by the Board of Education and law of the State. 
The Governor of the State, shall nominate, and by and with the 
advice and consent of two-thirds of the Senate shall appoint, the 
Superintendent of Public Instruction, who shall hold his office 
for a term of eight years, and shall receive an annual salary of 
not less than three thousand dollars, which shall not be dimin- 
ished during his term of service. He shall reside at the capital 
of the State during his continuance in office, and a suitable 
office room shall be assigned him by the officer in charge of the 
State buildings. 

Sec. 4. The members of the board shall hold office for the term 
of four years, and until their successors shall be elected and 
qualified. After the first election under the Constitution, the 
board shall be divided into two equal classes, so that each class, 
shall consist of one member from each Congressional district. 
The seats of the first class shall be vacated at the expiration of 
two years from the day of election, so that one-half miay be 
chosen biennially. 

Sec. 5. The members of the Board of Education, except the 
Superintendent and Controller, shall be elected by the qualified 
electors of the Congressional district in which they are chosen, 
at the same time and in the same manner as the members of 
Congress. 

Sec. 6. The Board of Education shall exercise full legislative 
powers in reference to the public free schools of the State, and 
its acts, when approved by the Governor, or when re-enacted by 



490 University of Texas Bulletin 

two-thirds of the board in case of his disapproval, shall have the 
force and effect of law, unless repealed by a two-thirds vote of 
the Legislature of the State. 

Sec. 7. The Board of Education shall, at its first session, 
establish a uniform system of public free schools throughout the 
State, and shall so provide that the course of study and the 
manner of teaching shall be the same in all the public schools 
throughout the State, and that no one shall be received as an 
instructor in any of such public schools who has not received a 
certificate of competency from such boards of examination as 
the Board of Education shall designate; provided, that no one 
shall be held competent as such instructor who can not take the 
oath prescribed by law as a qualification for registration as 
electors. 

Sec. 8. The Board of Education, at its first session, shall pass 
such laws as will -require the attendance on the public free 
schools of the State of all the scholastic population of the State 
for the period of at least four months in each and every year, and 
shall have authority to pass, from time to time, all such laws as 
may be found necessary or proper to enforce said attendance; 
provided, that such of the scholastic inhabitants as may be shown 
to have received regular instruction for said period of time in 
each and every year, from any teacher having the certificate of 
competency required by the seventh section of this article for the 
teachers of the public free schools, shall be exempt from the 
operation of the laws contemplated by this section ; and pro- 
vided further, that all teachers receiving said certificate of com- 
petency shall be required to make returns to the officer or au- 
thority designated by the Board of Education, of the instruc- 
tion given by them, in the same manner and in the same form 
as that which may be prescribed for the returns that are to be 
made by each instructor, or the principal instructor, in each of 
the public free schools; and provided further, that when any 
scholar shall have completely mastered all the branches of study 
taught in the public free schools, he shall be entitled to receive 
a certificate which shall exempt him from the further forced 
attendance upon the public free schools. 

Sec. 9. As a basis for the endowment and support of said 



Education in Texas 491 

system of public free schools, all the funds, lands, and other 
property, heretofore set apart and appropriated, or that may 
hereafter be set apart and appropriated, for the support and 
maintenance of public schools shall constitute the public School 
Fund; and said fund, and the income derived thereon, shall be 
a perpetual fund exclusively for the education of all the scho- 
lastic inhabitants of this State, and no law shall ever be made 
appropriating said fund for any other use or purpose whatever. 
And until such time as the board of education shall provide for 
the establishment of such system of public free schools in the 
State, the fund thus created, and the income derived therefrom, 
shall remain as a charge against the State, and be placed to the 
credit of the public free School Fund. 

• Sec. 10. All the alternate, sections of land, reserved by the 
State out of grants heretofore made or that may hereafter be 
made to railroad companies or other corporations, of any other 
nature whatever, for internal improvements, or for the develop- 
ment of the resources of the State, shall be set apart as a part of 
the perpetual School Fund of the State; Provided, that if, at 
any time hereafter any portion of the public domain of the State 
shall be sold, and by virtue of said sale the jurisdiction over said 
land shall be vested in the United States government, — in such 
event, all the proceeds derived from such sale shall become a part 
of the perpetual fund of th'e public free schools of the State, and 
the Legislature shall hereafter appropriate all the proceeds re- 
sulting from all sales of public lands to the perpetual public 
free School Fund. 

Sec. 11. The Legislature shall provide, from time to time, for 
the sale of land belonging to the perpetual public free School 
Fund to actual settlers exclusively, and not to exceed 640 acres 
to any one head of family, upon such time and terms as it may 
deem expedient; Provided, that the Legislature shall have no 
power to grant relief to purchasers by granting further time for 
payment, but shall, in all cases, provide for the forfeiture of the 
land to the State for the benefit of the perpetual free School 
Fund, and that all interest accruing from such sales shall be a 
part of the income belonging to the public free School Fund, and 
subject to appropriation annually for educational purposes. 



492 University of Texas B idle Hit 

Sec. 12. The Legislature shall, from time to time, cause the 
principal sum of the public free School Fund now on hand, and 
arising from the sales of land, or from any other sources, to be 
invested in the bonds of the United States of America, or the 
bonds of the State of Texas, or such bonds as the State may 
guarantee ; and the Legislature shall have no power to appro- 
priate, loan, or invest in any other manner any part of the 
principal sum of the perpetual public free School Fund, for any 
purpose whatever ; and it shall be the duty of the Legislature to 
appropriate annually, the income which may be derived from 
said fund, for educational purposes, under such system as the 
Board of Education may adopt; And, provided, That the first 
appropriation of money made by any Legislature hereafter, out 
of the general funds of the State, shall be such as will discharge 
the amount of principal or interest due upon the bonds of the 
State, or such bonds as the State may have guaranteed to the 
perpetual public free School Fund. 

Sec. 13. All public lands, which have been heretofore granted 
for public schools to the various counties or other political 
divisions in this State, shall be under the control of the Legisla- 
ture, and shall be sold on the same terms and under the same 
regulations as are or may be prescribed for the sale of the lands 
belonging to the perpetual public free School Fund; and the 
proceeds of the sale of said lands shall be added to the perpetual 
public free School Fund of the State. And if any of the counties 
of this State have not received their quantum of lands for the 
purpose of education, the Legislature shall cause to be located 
for the benefit of the public free School Fund the same quan- 
tity of land for each of said counties as that heretofore appro- 
priated by the Congress of the Republic of Texas and the State 
to other counties. 

Sec. 14. The Legislature shall provide for levying a poll-tax 
of one dollar on all male persons of over twenty-one years of age 
for educational purposes, which shall be annually appropriated 
in like manner, and for the same purposes as the income which 
may be derived from the perpetual free school fund. 

Sec, 15. It shall be the duty of the Legislature to set apart 
not less than one-fourth of the annual revenue of the State de- 



Education in Texas 493 

rivable from taxation, not to include the poll tax provided for in 
Section 14, for educational purposes, to be appropriated in like 
manner as prescribed in Section 14, for the appropriation of the 
poll tax to be levied for educational purposes. 

Sec. 16. The moneys and lands heretofore granted by the 
State for the endowment and support of one or more Universi- 
ties, shall hereafter constitute a part of the public free school 
fund, and the lands still unsold shall be sold in the same manner 
as is provided in Section eleven (11) of this Article for the sale 
of other lands belonging to the public free school fund, and the 
proceeds of said sales, and the proceeds of any sales heretofore 
made, when collected, and the moneys now on hand, or due by 
the State to the University fund, shall hereafter constitute a 
part of the principal of the public free school fund, which shall 
be invested in the same manner and under the same restrictions 
as provided for in the investment and control of the principal 
of the public free school fund in Section twelve (12) of this 
Article; provided, the Board of Education shall, from time to 
time, and as soon as practicable, establish institutions of a higher 
degree of learning than the ordinary public free schools and the 
highest of them with a course of study equivalent to that of the 
average of American colleges. 

Sec. 17. The Board of Education shall have power to provide 
for the levying of a tax in each school district, sufficient to pro- 
cure the site or sites for, and the building of such school house 
or houses, with adequate furniture, fixtures and appurtenances, 
as the wants of the scholastic population of said district may 
require. 

Sec. 18. The four hundred thousand acres of land that have 
been surveyed and set apart under the provisions of a law, ap- 
proved August 30th, A. D. 1856, for the benefit of a lunatic 
asylum, a deaf and dumb asylum, a blind asylum, and an orphan 
asylum, shall constitute a fund for the support of such institu- 
tions, one-fourth part for each ; and the said fund shall never be 
diverted to any other purpose. The said lands may be sold, and 
the fund invested under the same rules and regulations as pro- 
vided for the lands belonging to the public free school fund. The 
income of said fund only shall be applied to the support of such 



494 University of Texas Bulletin 

institutions, and until so applied shall be invested in the same 
manner as the principal. 

Sec. 19. No rule or law affecting the general interest of edu- 
cation shall be made by the Board of Education without a con- 
currence of a majority of its members. The style of all acts of 
the board shall be, "Be it enacted by the Board of Education of 
the State of Texas. ' ' 

Sec. 20. The Board of Education shall meet annually at the 
seat of Government, at the same time as the Legislature, but no 
more than one session shall be held in the same year, unless au- 
thorized by the Governor. The members shall receive the same 
mileage and daily pay as the members of the Legislature. 

Sec. 21. Each school district shall be required to raise by 
local taxation on property an amount of money for educational 
purposes, and subject to the control of the Board of Education, 
equal to the pro rata share of said district in the appropriations 
annually to be made by the Legislature for school purposes ; and 
any school district failing to raise said amount by said taxation 
shall be deprived of its pro rata share of said annual appropria- 
tions; and said share shall be distributed pro rata among the 
school districts complying with the requirements of this Section. 
The Board of Education shall prescribe the time and manner in 
which said district taxes may be raised ; provided, that all prop- 
erty within said school districts, subject to State taxes, shall be 
made subject to said local tax. 1 

CAPITOL, AUSTIN, TEXAS, 

August 26, 1868. 



Mr. Talbot offered the following resolution : 

Resolved, That the newspapers of the State which have been 
requested to publish copies of the constitution for distribution, 
be also requested to publish, along with the constitution, the 
project of a common school system reported by the Committee 
on Education, which has not yet been acted on by the Conven- 



ed., 609-614. 



Education in Texas 495 

tion, but postponed till the reassembling of this body, in De- 
cember next. 

By consent, the resolution was withdrawn. 

Mr. Stockbridge moved to reconsider the vote postponing the 
consideration of the report of the Committee on Education until 
the tenth day of December, 1868. 

Upon which the yeas and nays were demanded, and resulted 
thus : 

Yeas — Messrs. President, Armstrong of Lamar, Bellinger, 
Boyd, Bryant of Grayson, Bryant of Harris, Butler, Burnett, 
Caldwell, Carter, Cole, Constant, Curtis, Degener, Downing, 
Flanagan, Fleming, Goddin, Johnson of Harrison, Johnson of 
Calhoun, Jordan, Kealy, Kendal, Leib, Lippard, Mc Washington, 
Mundine, Munroe, Phillips of Wharton, Posey, Ruby, Schuetze, 
Scott, Slaughter, Smith of Galveston, Smith of Marion, Stock- 
bridge, Sumner, Talbot, Varnell, Watrous, Whitmore, Williams, 
Wilson of Brazoria, Wilson of Milam, Wright, Yarbrough — 47. 

Nays — Messrs. Armstrong of Jasper, Bell, Bledsoe, Board, Buf- 
fington, W. Flanagan, Harris, Keigwin, Lindsay, Long, Rogers, 
Thomas, Vaughan — 13. 

So the motion prevailed. 1 

CAPITOL, AUSTIN, TEXAS, 

August 27, 1868. 



The President announced the business in order was the con- 
sideration of the report of the Committee on Education. 

Mr. Johnson, of Calhoun, moved that the report be considered 
by sections. 

Carried. 

Mr. Buffington offered the following amendment to section 
one: 

Strike out all after "schools" in third line. 

Mr. Flanagan offered the following substitute to the report: 

It shall be the duty of the first Legislature of • the State of 
Texas to pass a law providing for a common school system for 



Hbid., 891-892. 



496 University of Texas Bulletin 

the State, which law shall be equal and uniform, giving to the 
whites and blacks the same benefits arising out of any and all 
lands and monies that shall be set apart as a general school fund; 
provisions shall be made in said law to keep the races separate, 
to avoid prejudice that would otherwise arise. 

Mr. Caldwell moved to lay* the substitute on the table. 

Upon which the yeas and nays were demanded, and resulted 
thus : 

Yeas — Messrs. President, Bryant of Harris, Burnett, Cald- 
well, Carter, Constant, Curtis, Degener, Foster, Johnson of Har- 
rison, Johnson of Calhoun, Jordan, Kealy, Kendal, Keuchler, 
Lindsay, Lippard, Long, Mackey, McWashington, Mundine, 
Munroe, Newcomb, Posey, Ruby, Schuetze, Slaughter, Smith of 
Galveston, Smith of Marion, Stockbridge, Sumner, Talbot, Wat- 
rous, Whitmore, Williams, Wilson of Brazoria — 36. 

Nays — Messrs. Armstrong of Jasper, Armstrong of Lamar, 
Bell, Bellinger, Bledsoe, Board, Boyd, Brown, Bryant of Gray- 
son, Buffington, Cole, Flanagan, W. Flanagan, Fleming, Harris, 
Grigsby, Harn, Home, Keigwin, Kirk, Phillips of San Augustine, 
Phillips of Wharton, Rogers, Scott, Thomas, Varnell, Vaughan, 
Wilson of Milam, Wright, Yarborough — 30. 

So the substitute was laid on the table. 

Mr. Smith, of Galveston, moved the previous question. 

Previous question seconded. 

Mr. Buffington moved a call of the House. 

Call sustained. 

Abstentees — Goddin, Hunt and Mackey. 

Mr. Degener moved a suspension of the call. 

Carried. 

The question recurred, "Shall the main question be now put?" 

The main question was ordered. 

The question recurring- upon the adoption of section one of the 
report, the yeas and nays were demanded and resulted thus: 

Yeas — Messrs. President, Armstrong of Lamar, Bell, Bledsoe, 
Bryant of Harris, Burnett, Caldwell, Carter, Constant, Curtis, 
Degener, Downing, Fleming, Foster, Hamilton of Travis, John- 
son of Harrison, Johnson of Calhoun, Jordan, Kealy, Kendal, 
Keuchler, Lindsay, Lippard, Long, McWashington, Munroe, 



Education in Texas 497 

Newcomb, Patten, Phillips of Wharton, Rogers, Ruby, Schuetze, 
Slaughter, Smith of Galveston, Smlith of Marion, Stockbridge, 
Sumner, Talbot, Vaughan, Watrous, Whitmore, "Williams, Wilson 
of Brazoria, Wright — 44. 

Nays — Messrs. Armstrong of Jasper, Bellinger, Board, Brown, 
Boyd, Bryant of Grayson, Buffington, Cole, Flanagan, Flanagan 
W., Harris, Harn, Home, Keigwin, Kirk, Phillips of San Aug- 
ustine, Posey, Scott, Thomas, Varnell, Wilson of Milam, Yar- 
borough — 22. 

So Section one of the report was adopted. 
Mr. Schuetze offered the following as an additional section to 
be inserted between first and second sections. 

-It shall be the duty of the Board of Education to establish 
separate schools for white children and for colored children, and 
may also provide for the establishment of separate male and fe- 
male free schools, whenever a sufficient numiber of scholars 
should make it necessary or advisable. 

[Mr. Phillips, of San Augustine, in the chair.] 
Mr. Bryant, of Harris, moved to adjourn until this afternoon 
at four o'clock. 
Lost. 

Mr. Schuetze moved to strike out the second clause of the 
section. 

Leave granted and clause withdrawn. 

The question recurring upon the acceptance of the proposed 
section, the yeas and nays were demanded and resulted thus : 

Yeas — -Messrs. Armstrong of Jasper, Armstrong of Lamar, 
Bell, Bellinger, Bledsoe, Board, Boyd, Bryant of Grayson, Buf- 
fington, Burnett, Caldwell, Carter, Cole, Constant, Downing, 
Flanagan, W. Flanagan, Fleming, Grigsby, Hamilton of Travis, 
Johnson of Calhoun, Jordan, Kealy, Keigwin, Keuchler, Kirk, 
Lindsay, Lippard, Mc Washington, Munroe, Mundine, Phillips of 
San Augustine, Rogers, Schuetze, Scott, Slaughter, Smith of 
Galveston, Stockbridge, Sumner, Talbot, Thomas, Varnell, 
Vaughan, Whitmore, Wilson of Brazoria, Wilson of Milam, 
Wright, Yarborough — 48. 

Nays — Messrs. President, Bryant of Harris, Curtis, Degener, 
Foster, Johnson of Harrison, Kendal, Long, Newcomb, Patten, 



498 University of Texas Bulletin 

Ruby, Smith of Marion— 12. 

So the proposed section was accepted. 

Mr. Smith, of Galveston, offered the following proviso to the 
proposed section: 

Provided that no one entitled to the right of public education 
shall be prevented on account of sex or color from attending the 
public schools that are accessible, when schools suited to sex or 
color as provided in this section may not be established. 

Mr. Hamilton, of Travis, moved to lay the proviso on the table. 

Upon which the yeas and nays were demanded and resulted 
thus : 

Yeas — Messrs. Armstrong of Jasper, Armstrong of Lamar, 
Bell, Bellinger, Bledsoe, Board, Boyd, Bryant of Grayson, Buf- 
fington, Burnett, Caldwell, Carter, Cole, Constant, Downing, 
Flanagan, W. Flanagan, Fleming, Grigsby, Hamilton of Travis, 
Johnson of Calhoun, Kealy, Keigwin, Kirk, Mundine, Munroe, 
Phillips of San Augustine, Phillips of Wharton, Rogers, Scott, 
Slaughter, Stockbridge, Talbot, Thomas, Varnell, Vaughan, Wil- 
son of Brazoria, Wilson of Milam, Wright, Yarborough — 40. 

Nays — Messrs. President, Bryant of Harris, Curtis, Degener, 
Foster, Johnson of Harrison, Jordan, Kendal, Kuechler, Lindsay, 
Long, McWashington, Newcomb, Patten, Ruby, Schuetze, Smith 
of Galveston, Smith of Marion, Sumner, Williams — 20. 

So the proviso was laid on the table. 

Mr. Degener moved to strike out the word ''shall" and insert 
"may" after the words "Board of Education." 

Mr. W. Flanagan moved to lay the motion on the table. Upon 
the motion to lay the substitute upon the table, the yeas and nays 
were demanded and resulted thus : 

Yeas — Messrs. Armstrong of Jasper, Armstrong of Lamar, 
Bell, Board, Boyd, Bryant of Grayson, Bufflngton, Burnett, Cald- 
well, Cole, Flanagan, Flanagan W., Fleming, Hamilton of 
Travis, Johnson of Calhoun, Kealy, Keigwin, Kirk, Mundine, 
Munroe, Phillips of San Augustine, Phillips of Wharton, Rog- 
ers, Schuetze, Scott, Slaughter, Smith of Galveston, Stockbridge, 
Sumner, Talbot, Thomas, Varnell, Vaughan, Wliitmore, Wilson 
of Brazoria, Wilson of Milam, Wright, Yarborough — 38. t 

Nays — Messrs. President, Bellinger, Bledsoe, Bryant of Harris, 



Education in Texas 499 

Carter, Constant, Curtis, Degener, Downing, Foster, Johnson of 
Harrison, Jordan, Kendal, Kuechler, Lindsay, Long, Mc Wash- 
ington, Newcomb, Patten, Ruby, Smith of Marion, Williams — 22. 

So the amendment was laid on the table. 

Mr. Lindsay offered the following substitute : 

The Board of Education shall have power to establish separate 
free schools for the white and colored children; but under no 
circumstances shall any children, of either color, be deprived of 
the benefits and advantages of the public free school system 
established by the State. 

Mr. Flanagan moved to lay the substitute on the table. 

Mr. Bryant, of Harris, moved that the Convention adjourn 
until four o'clock this afternoon. 

Carried. 1 

CAPITOL, AUSTIN, TEXAS, 

August 28, 1868. 



The President announced that the business in order was the 
report of the Committee on Education. 

Mr. Buffington moved to postpone the consideration of the 
report to 9th day of December, 1868. 

Motion withdrawn. 



Mr. Flanagan moved the postponement of the consideration of 
the report on education until the second Monday in December. 

Upon which the yeas and nays were demanded and resulted 
thus : 

Yeas — Messrs. Armstrong of Jasper, Bell, Bledsoe, Board, 
Boyd, Buffington, Carter, Cole, Flanagan, W. Flanagan, Glenn, 
Grigsby, Harris, Keigwin, Kirk, Lindsay, Lippard, Long, Phil- 
lips of San Augustine, Vaughan, Wilson of Milam — 21. 

Nays — Messrs. President, Armstrong of Lamar, Bellinger, 
Bryant of Harris, Bryant of Grayson, Burnett, Caldwell, Con- 
stant, Curtis, Degener, Downing, Fleming, Foster, Goddin, Ham- 
ilton of Travis, Harn, Johnson of Harrison, Johnson of Calhoun, 



l IMd., 896-899. 



500 University of Texas Bulletin 

Jordan, Kealy, Kendal, Kuechler, McWashington, Mnndine, 
Munroe, Newcomb, Patten, Phillips of Wharton, Posey, Rogers, 
Ruby, Sclmetze, Smith of Galveston, Smith of Marion, Stock- 
bridge, Talbot, Thomas, Varnell, Watrous, Whitmore, Williams, 
Wilson of Brazoria, Wright, Yarborough — ±4. 

So the Convention refused to postpone the consideration of 
the report. 

The question recurred upon the substitute offered by Mr. 
Lindsay to the proposed new section of Mr. Schuetze to the 
report, 

Mr. Flanagan moved to lay the substitute to the proposed 
section upon the table. 

Upon which the yeas and nays were demanded and resulted 
thus : 

Yeas — Messrs. Armstrong of Jasper, Armstrong of Lamar, 
Bell, Board, Boyd, Bryant of Grayson, Buffington, Burnett, 
Caldwell, Cole, Constant, Flanagan, W. Flanagan, Fleming, 
Glenn, Goddin, Grigsby, Hamilton of Travis, Harris, Harn, 
Johnson of Calhoun, Keigwin, Kirk, Mnndine, Munroe, Phillips 
of San Augustine, Phillips of Wharton, Posey, Rogers, Schuetze, 
Stockbridge,' Talbot, Thomas, Varnell, Vaughan, Wilson of Bra- 
zoria, Wilson of Milam, Yarborough — 38. 

Nays — Messrs. President, Bellinger, Bledsoe, Bryant of Harris, 
Carter, Curtis, Degener, Downing, Foster, Johnson of Harrison, 
Jordan, Kealy, Kendal, Kuechler, Lindsay, Lippard, Long, Mc- 
Washington, Newcomb, Patten, Ruby, Smith of Galveston, Smith 
of Marion, Watrous, Whitmore, Williams, Wright — 27. 

So the substitute was laid upon the table. 

The question recurring upon the adoption of the section as 
amended — 

The yeas and nays were demanded and resulted thus : 

Yeas — Messrs. Armstrong of Jasper, Armstrong of Lamar, 
Bell, Bellinger, Bledsoe, Board, Boyd, Bryant of Grayson, Buf- 
fington, Burnett, Caldwell, Carter, Cole, Constant, Flanagan, W. 
Flanagan, Fleming, Glenn, Goddin, Grigsby, Hamilton of Travis, 
Harris, Harn, Home, Johnson of Harrison, Johnson of Calhoun, 
Jordan, Kealy, Keigwin, Kirk, Lindsay, Mackey, McWashington, 
Mnndine, Munroe, Phillips of San Augustine, Phillips of Whar- 



Education in Texas 501 

ton, Posey, Rogers, Schuetze, Smith of Galveston, Stockbridge, 
Talbot, Thomas, Varnell, Vaughan, Watrous, Whitmore, Wilson 
of Brazoria, Wilson of Milam, Wright, Yarborough — 52. 

Nays — Messrs. President, Bryant of Harris, Curtis, Degener, 
Downing, Foster, Kendal, Kuechler, Long, Newcomb, Patten, 
Ruby, Smith of Marion, Williams — 14. 

So section .... was adopted. 

Mr. Hamilton, of Travis, asked that Mr. Carter be excused 
from attending the Convention after to-morrow. 

Excused. 

Messrs. Siriith, of Galveston, and W. Flanagan, were excused 
from a f tendance after to-morrow. 

Section two, on motion, was adopted. 

Mr. Patten offered the following amendments : 

In the fourth line strike out the words, "The Governor of the 
State shall nominate, and by and with the advice and consent of 
two-thirds of the Senate shall appoint, the Superintendent of 
Public Instruction," and insert, "The Superintendent of Public 
Instruction shall be elected by the qualified electors." 

In the seventh line add the words, "or increased," after 
"diminished." 

Mr. Caldwell moved to lay the amendment on the table. 

Upon which the yeas and nays were demanded, and resulted 
thus : 

Yeas — Messrs. Armstrong of Lamar, Bellinger, Board, Bryant 
of Grayson, Burnett, Caldwell, Constant, Degener, Flanagan, 
Fleming, Grigsby, Hamilton of Travis, Harn, Home, Johnson 
of Harrison, Johnson of Calhoun, Jordan, Kealy, Keigwin, Ken- 
dal, Kuechler, Lindsay, Mackay, Munroe, Posey, Rogers, Schuetze 
Slaughter, Smith of Galveston, Stockbridge, Talbot, Thomas, 
Varnell, Vaughan, Wilson of Brazoria, Wright — 36. 

Nays — Messrs. President, Armstrong of Jasper, Bell, Bledsoe, 
Boyd, Bryant of Harris, Buffington, Cole, Carter, Curtis, Down- 
ing, W. Flanagan, Foster, Glenn, Goddin, Harris, Kirk, Lip- 
pard, Long, McWashington, Newcomb, Patten, Phillips of San 
Augustine, Phillips of Wharton, Ruby, Smith of Marion, Wat- 
rous, Whitmore, Williams, Wilson of Milam — 30. 

So the amendment was laid on the table. 



502 University of Texas Bulletin 

Mr. Wright moved to strike out "three thousand" in seventh 
line. 

Laid on the table. 

Mr. Buffington offered the following amendment : 

Strike out " 8 " in sixth line and insert " 2 " ; strike out ' « 3000 ' ' 
in seventh line and insert "600." 

Mr. Degener moved to lay the amendment on the table. 

Upon which the yeas and nays were demanded, and resulted 
thus : 

Yeas — Messrs. President, Bellinger, Bryant of Grayson, Bry- 
ant of Harris, Burnett, Caldwell, Carter, Constant, Curtis, De- 
gener, Downing, Foster, Grigsby, Hamilton of Travis, Johnson 
of Harrison, Johnson of Calhoun. Jordan, Kealy, Kendal, Kuech- 
ler, Lindsay, Lippard, Mackay, McWashington, Munroe, Patten, 
Posey, Ruby, Schuetze, Slaughter, Smith of Galveston, Smith of 
Marion, Talbot, Varnell, Vaughan, Watrous, Williams, Wilson 
of Brazoria — 38. 

Nays — Messrs. Armstrong of Jasper, Bell, Bledsoe, Board, 
Boyd, Buffington, Cole, Flanagan, W. Flanagan, Fleming, God- 
'din, Harris, Harn, Keigwin, Kirk, Long, Phillips of San Aug- 
ustine, Rogers, Stockbridge, Thomas, Whitmore, Wilson of 
Milam, Yarborough — 23. 

So the amendment was laid on the table. 

Mr. Board offered the following substitute to the entire report : 

Resolved, That in the opinion of this Convention the report 
of the Committee upon Education is extremely objectionable in 
many particulars, and although drawn up by a high minded 
and honorable committee, they have in many instances assumed 
too much power, or in other words, made the subject of the 
school system a higher power than the real Legislature of the 
whole State. It is therefore hereby resolved that the subject 
of public schools be handed over to and left with the Legislature, 
giving that body control of the whole subject of education. 

The Chair decided that the substitution was not in order. 

Mr. Board appealed from the decision of the Chair. 

Mr. Munroe offered the following amendment to section 3 : 

Add at end of section 3, "He may for just cause be removed 
by the governor, who shall give his reason to the Senate for such 



Education in Texas 503 

removal, and if a majority of said body confirm the same it shall 
be permanent. 

Amendment adopted. 

Mr. Davis, of Nueces, offered the following amendment : 

In section 3, line 5 strike out the words "of two-thirds" on 
sixth line strike out ' ' eight ' ' and insert ' ' four. ' ' 

Amendment adopted. 

Mr. Lindsay moved that the vote adopting Mr. Munroe's 
amendment be reconsidered. 

Upon which the yeas and nays were demanded, and resulted 
thus: 

Yeas — Messrs. President, Bledsoe, Bryant of Grayson, Con- 
stant, Degener, Foster, Hamilton of Travis, Johnson of Harri- 
son, Johnson of Calhoun, Kealy, Kendal, Lindsay, Mackey, Mc- 
Washington, Munroe, Newcomb, Patten, Phillips of Wharton, 
Posey, Rogers, Ruby, Schuetze, Slaughter, Smith of Marion, 
Thomas, Whitmore, Wilson of Brazoria, Tarborough — 28. 

Nays — Messrs^. Armstrong of Jasper, Board, Boyd, Burnett, 
Caldwell, Carter, Cole, Curtis, Downing, [Flanagan, W. Flana- 
gan, Fleming, Harris, Harn, Jordan, Keigwin, Keuchler, Mack- 
ey, Phillips of San Augustine, Smith of Galveston, Stockbridge, 
Talbot, Varnell, Vaughan, Watrous, Williams, Wilson of Milam, 
Wright— 28. 

So the motion to reconsider was lost. 

Mr. Degener moved to amend by making the word "capitol," 
in the eighth line "capital." 

Amendment adopted. 

Mr. Thomas moved to strike out, in seventh line, "three thou- 
sand" and insert "fifteen hundred." 

Mr. Hamilton moved to lay the amendment on the table. 

Mr. Degener moved the previous question. 

Previous question seconded. 

The question recurred, "Shall the main question be now put?" 

Upon which the yeas and nays were demanded and resulted 
thus: 

Yeas — Messrs. President, Bellinger, Bryant of Grayson, Bur- 
nett, Caldwell, Carter, Constant, Degener, Downing, Flanagan, 
Foster, Grigsby, Hamilton of Travis, Harn, Johnson of Harrison, 



504 University of Texas Bulletin 

Johnson of Calhoun, Jordan, Kealy, Kendal, Kuechler, Lindsay, 
Lippard, Long, Mackey, Me Washington, Munroe, Newcomb, Pat- 
ten, Phillips of Wharton, Posey, Rogers, Ruby, Schuetze, Slaugh- 
ter, Smith of Galveston, Smith of Marion, Stockbridge, Talbot, 
Thomas, Varnell, Watrous, Whitmore, Williams, Wilson of Bra- 
zoria, Wright — 45. 

Nays — Messrs. Armstrong of Jasper, Bell, Bledsoe, Board, 
Boyd, Bryant of Harris, Buffington, Cole, Curtis, W. Flanagan, 
Fleming, Goddin, Harris, Keigwin, Phillips of San Augustine, 
Wilson of Milam — 16. 

So the main question was ordered. 

The question recurring upon the adoption of section three as 
amended, the yeas and nays were demanded, and resulted thus : 

Yeas — Messrs. President, Bellinger, Bryant of Grayson, Bur- 
nett, Caldwell, Carter, Constant, Downing, Foster, Grigsby, 
Hamilton of Travis, Harn, Johnson of Harris.on, Johnson of Cal- 
houn, Jordan, Kealy, Kendal, Kuechler, Lindsay, Lippard, Long, 
Mackay, McWashington, Mundine, Munroe, Phillips of Wharton, 
Posey, Rogers, Ruby, Schuetze, Scott, Slaughter, Smith of Gal- 
veston, Smith of Marion, Stockbridge, Talbot, Thomas, Varnell, 
Vaughan, Watrous, Williams, Wilson of Brazoria — 42. 

Nays — Messrs. Armstrong of Jasper, Armstrong of Lamar, 
Bell, Bledsoe, Board, Boyd, Bryant of Harris, Buffington, Cole, 
Curtis, Flanagan, W. Flanagan, Fleming, Goddin, Harris, Keig- 
win, Kirk, Newcomb, Patten, Phillips of San Augustine, Whit- 
more, Wilson of Milam, Wright, Yarborough — 24. 

So section three as amended was adopted. 

M'r. Buffington offered the following amendment to section 
five of the report : 

In first line strike out "four" and insert "two." In fourth 
line strike out "two" and insert "one." 

Mr. Caldwell moved the previous question on the adoption 
of section five. 

Previous question seconded. 

Mr. Bell moved a call of the House. 

Call not sustained. 

The question recurred, "Shall the main question be now put?" 



Education in Texas 505 

Upon motion, the yeas and nays were demanded, and re- 
sulted thus : 

Yeas — Messrs. President, Bellinger, Bryant of Grayson, Bur- 
nett, Caldwell, Carter, Constant, Downing, Flanagan, Foster, 
Goddin, Grigsby, Hamilton of Travis, Johnson of Harrison, 
Johnson of Calhoun, Jordan, Kealy, Kendal, Kuechler, Lindsay, 
Lippard, Long, Maekey, McWashington, Munroe, Phillips of San 
Augustine, Phillips of Wharton, Posey, Rogers, Ruby, Schuetze, 
Scott, Slaughter, Smith of Galveston, Smith of Marion, Stock- 
bridge, Talbot, Thomas, Varnell, Vaughan, Watrous, Whitmore, 
Williams, Wilson of Brazoria, Wright — 45. 

Nays — Messrs. Armstrong of Jasper, Armstrong of Lamar, 
Bell, Bledsoe, Board, Boyd, Bryant of Harris, Buffington, Cole, 
Curtis, W. Flanagan, Fleming, Harris, Harn, Home, Keigwin, 
Kirk, Mundine, Wilson of Milam— 19. 

So the main question was ordered. 

Section four, on motion, was adopted. 

Section five, on motion, was adopted. 

Mr. Hamilton, of Travis, offered the following amendment ; 

In section six, line four, strike out the words "a two-thirds 
vote of." 

Mr. Munroe offered the following amendment to section six: 

The Board of Education shall exercise all ministerial and 
other necessary powers in reference to the free schools of the 
State, in accordance with law, and its acts when approved by the 
Governor, shall have the force and effect of law, unless decided 
otherwise by a vote of the Legislature of the State. 

Mr. Bryant, of Grayson, moved to lay the substitute on the 
table. 

Upon which the yeas and nays were demanded, and resulted 
thus: 

Yeas — Messrs. President, Bryant of Grayson, Caldwell, Con- 
stant, Degener, Downing, Foster, Goddin, Grigsby, Hamilton of 
Travis, Harn, Home, Johnson of Harrison, Johnson of Calhoun, 
Jordan, Kealy, Kuechler, Lindsay, Maekey, McWashington, 
Newcomb, Phillips of Wharton, Posey, Rogers, Ruby, Schuetze, 
Slaughter, Smith of Galveston, Smith of Marion, Stockbridge, 
Talbot, Thomas, Vaughan, Watrous, Whitmore, Wilson of Bra- 
zoria, Wright — 37. 



506 University of Texas Bulletin 

Nays — Messrs. Armstrong of Jasper, Armstrong of Lamar, 
Bell, Bledsoe, Board, Boyd, Bryant of Harris, Buffington, Bur- 
nett, Carter, Cole, Curtis, Flanagan, W. Flanagan, Fleming, 
Harris, Keigwin, Kendal, Kirk, Lippard, Long, Munroe, Phillips 
of San Augustine, Scott, Williams, Wilson of Milam, Yarborough 
—27. 

So the substitute was laid upon the table. 

The question recurred upon the adoption of the amendment 
offered by Mr. Hamilton, of Travis. 

The amendment was adopted. 

Mr. Flanagan moved to strike out section six. 

Mr. Schuetze moved the previous question. 

Previous question seconded. 

The question recurred, ' ' shall the main question be now put ? ' ' 

Upon that motion, the yeas and nays were demanded and 
resulted thus : 

Yeas — Messrs. President, Armstrong of Lamar, Bryant of 
Grayson, Burnett, Caldwell, Constant, Degener, Downing, Fos- 
ter, Goddin, Grigsby, Hamilton of Travis, Harn, Johnson of 
Harrison, Johnson of Calhoun, Jordan, Kealy, Kendal, Keuchler, 
Lindsay, Mackey, Newcomb, Phillips of Wharton, Posey, Rogers, 
Ruby, Schuetze, Scott, Smith of Galveston, Smith of Marion, 
Stoekbridge, Talbot, Varnell, Vaughan, Watrous, Williams, Wil- 
son of Brazoria — 37. 

Nays — Messrs. Armstrong of Jasper, Bell, Bledsoe, Board, 
Boyd, Bryant of Harris, Buffington, Carter, Curtis, Flanagan, 
W. Flanagan, Fleming, Harris, Home, Keigwin, Kirk, Lippard, 
Long, Mc Washington, Mundine, Munroe, Phillips of San Aug- 
ustine, Slaughter, Thomas, Whitmore, Wilson of Milam, Wright, 
Yarborough — 28. 

So the main question was ordered. 

The question recurred upon the adoption of the section. 

It was adopted. 

Mr. Thomas moved to strike out from the proviso, commencing 
in section five, and the two following lines. 

Mr. Caldwell moved the previous question. 

Previous question seconded. 

The question recurred, ' ' shall the main question be now put ? ' ' 



Education in Texas 507 

Upon which the yeas and nays were demanded and resulted 
thus: 

Yeas — Messrs. Armstrong of Lamar, Bellinger, Board, Bryant 
of Harris, Buffington, Caldwell, Carter, Constant, Curtis, De- 
gener, Downing, Foster, Grigsby, Harn, Johnson of Calhoun, 
Jordan, Kealy, Kendal, Kuechler, Lindsay, Lippard, Mackey, 
Mc Washington, Munroe, Newcomb, Phillips of San Augustine, 
Phillips of "Wharton, Rogers, Ruby, Schuetze, Scott, Slaughter, 
Smith of Galveston, Smith of Marion, Stockbridge, Talbot, Var- 
nell, Watrous, Whitmore, Williams, Wilson of Brazoria, Wilson 
of Milam, Wright, Yarborough — 44. 

Nays — Messrs. President, Armstrong of Jasper, Bell, Bledso.e, 
Boyd, Bryant of Grayson, Burnett, Flanagan, W. Flanagan, 
Fleming, Harris, Home, Keigwin, Kirk, Mundine, Posey, 
Thomas — 17. 

So the main question was ordered. 

The question recurred upon the adoption of section seven. 

It was adopted. 

Mr. Burnett offered the following amendment to section eight : 

In line second, between words "State" and "of," insert "or 
in private schools;" line second substitute "at" for "on." 

The question recurring upon the adoption of the amendment, 
the yeas and nays were demanded and resulted thus : 

Yeas — Messrs. President, Bellinger, Board, Bryant of Gray- 
son, Burnett, Caldwell, Constant, Downing, Flanagan, Fleming, 
Foster, Godding, Harn, Johnson of Calhoun, Jordan, Kealy, 
Keigwin, Kendal, Lindsay, Lippard, Long, Mackey, Mundine, 
Munroe, Phillips of San Augustine, Phillips of Wharton, Posey, 
Rogers, Ruby, Schuetze, Scott, Slaughter, Smith of Galveston, 
Smith of Marion, Stockbridge, Talbot, Thomas, Varnell, Wat- 
rous, Whitmore, Williams, Wilson of Brazoria, Wilson of Milam, 
Wright— 43. 

Nays — Messrs. Armstrong of Jasper, Armstrong* of Lamar, 
Bell, Boyd, Bryant of Harris, Buffington, Carter, Cole, Degener, 
Flanagan W., Grigsby, Harris, Home, Kuechler, Kirk, Long 
—16. 

So the amendment was adopted. 

Mr. Bryant, of Grayson, moved to strike out section eight. 



508 University of Texas Bulletin 

On motion the Convention adjourned until four o'clock this 
afternoon. 1 

CAPITOL, AUSTIN, TEXAS, 

August 29, 1869. 



The President announced that the business in order was the 
report of the Committee on Education, and upon the motion of 
Mr. Bryant, of Grayson, to strike out section eight of the report. 

The Convention refused to strike out. 

Mr. Thomas offered the following amendment : 

Amend by striking out, after the word "year," in the sixth 
line, to and including the word "schools," in the seventh line. 
*Mr. Schuetze moved the previous question. 

Previous question seconded. 

The question recurred, "Shall the main question be now put?" 

Upon which the yeas and nays were demanded, and resulted 
thus : 

Yeas — Messrs. President, Caldwell, Carter, Constant, Foster, 
Hamilton of Travis, Johnson of Calhoun, Jordan, Kealy, Kendal, 
Keuchler, Lindsay, Mc Washington, Newcomb, Phillips of Whar- 
ton, Ruby, Schuetze, Smith of Galveston, Smith of Marion, Stock- 
bridge, Talbot, Watrous, Williams, -Wilson of Brazoria, Wilson 
of Milam, Wright, Yarborough — 27. 

Nays — Messrs. Armstrong of Jasper, Armstrong of Lamar, 
Bell, Board, Boyd, Bryant of Grayson, Bryant of Harris, Buf- 
fington, Cole, Curtis, Downing, Evans of Titus, Fayle, Flanagan, 
Fleming, Goddin, Harris, Harn, Keigwin, Lippard, Mundine, 
Phillips of San Augustine, Posey, Slaughter, Thomas, Varnell, 
Whitmore— 27. 

So the main question was not ordered. 

The question then recurred upon the amendment offered by 
Mr. Thomas, which was adopted. 

Mr. Schuetze offered the following amendment : 

In line fifteen, instead of "upon the public free schools," in- 
sert "upon public or private schools." 

Mr. Smith, of Marion, moved to lay the amendment on the 
table. 



"Ibid., 910-918. 



Education in Texas 509 

Upon which the yeas and nays were demanded, and resulted 
thus : 

Yeas — Messrs. President, Armstrong of Lamar, Bell, Bellinger, 
Bledsoe, Board, Bryant of Grayson, Bryant of Harris, Buffing- 
ton, Butler, Caldwell, Carter, Cole, Constant, Curtis, Degener, 
Downing, Evans of Titus, Flanagan, Fleming, Foster, Hamilton 
of Travis, Harn, Johnson of Calhoun, Johnson of Harrison, 
Jordan, Kealy, Kendal, Lindsay, Lippard, Mc Washington, New- 
comb, Patten, Phillips of San Augustine, Phillips of Wharton, 
Ruby, Scott, Slaughter, Smith of Galveston, Smith of Marion, 
Stockbridge, Talbot, Thomas, Varnell, Watrous, Williams, Wil- 
son of Brazoria, Wright — 48. 

Nays — Messrs. Armstrong of Jasper, Boyd, Burnett, W. Flan- 
agan, Goddin, Harris, Keuchler, Mundine, Posey, Schuetze, Whit- 
more, Wilson of Milam — 12. 

So the amendment was laid on the table. 

Mr. Phillips, of San Augustine, offered the following amend- 
ment : 

Provided, that the Board of Education shall have no authority 
over the education of the children of this State, unless they 
have a school fund sufficient to educate the children as contem- 
plated by this and the preceding and following sections of this 
report. 

The amendment was laid on the table. 

The question recurring upon the adoption of section eight as 
amended — 

The yeas and nays were demanded and resulted thus : 

Yeas — Messrs. President, Bellinger, Bryant of Harris, Butler, 
Caldwell, Carter, Constant, Curtis, Degener, Downing, Foster, 
Hamilton of Travis, Harn, Home, Johnson of Harrison, Johnson 
of Calhoun, Jordan, Kealy, Kuechler, Lindsay, Mc Washington, 
Newcomb, Ruby, Schuetze, Slaughter, Smith of Galveston, 
Smith of Marion, Stockbridge, Talbot, Thomas, Varnell, Watrous, 
Whitmore, Williams, Wilson of Brazoria, Wilson of Milam, 
Wright— 37. 

Nays — Messrs. Armstrong of Jasper, Armstrong of Lamar, 
Bell, Bledsoe, Board, Boyd, Bryant of Grayson, Buffington, Cole, 
Evans of Titus, Flanagan, W. Flanagan, Fleming, Goddin, Har- 



510 University of Texas Bulletin 

ris, Kendal, Kuechler, Mundine, Patten, Phillips of San Augus- 
tine, Phillips of Wharton, Posey, Scott — 23. 
So section eight as amended was adopted. 
Mr. Talbot offered the following proviso to section nine : 
Provided the university fund, as it now exists, in lands, 
money and credits, shall constitute a special fund for the support 
of one or more universities, and shall never be used for any other 
purpose; and until a university is established, the principal of 
said fund and the interest arising therefrom shall be invested in 
like manner as provided for the public school fund. 
The amendment was adopted. 
Mr. Lindsay offered the following amendment : 
Section nine, between the words "appropriated" and "that," 
in the second line, strike out the word "or" and insert "except 
the four-league grant heretofore made to the several counties of 
the State and all funds, lands and other property." 1 

CAPITOL, AUSTIN, TEXAS, 

January 7, 1869. 

Mr. Schuetze, Chairman of the Committee on Education, re- 
ported as follows : 

Committee Room, 

Austin, January 7, 1869. 
Hon. E. J. Davis, 

President of the Convention : 
Sir : Your Committee on Education, to whom the original 
report, introduced on the 31st day of July, 1868, had been re- 
committed, have had the same under careful consideration, and 
are unanimous in declining to change any of the provisions pro- 
posed in the original report. 

I am instructed to submit the same to the consideration of 
the Convention. 

Respectfully submitted, 

J. SCHUETZE, 

Chairman Committee.'-' 



Ubid., 930-932. 

-Journal of the Reconstruction Convention which met at Austin., 
Texas, December 7, A. D. 1868. 
Second Session, 229. 



Education in Texas 511 

CAPITOL, AUSTIN, TEXAS, 

January 27, 1869. 



Austin, Texas, January 26, 1869. 
Hon. E. J. Davis, 

President of the Convention : 
Sir : The Special Committee of eleven, to whom was referred 
the labor of revising and correcting the constitution as far as 

engrossed, 

The undersigned, a minority of committee, 

who presents this minority report, 



Two plans have been presented for establishing a system of 
common schools. The system best adapted to attain ends so de- 
sirable would be to provide a fund, and for details, leave its exe- 
cution to the Legislature. The minority of the committee here- 
with present what they believe to be a sufficient basis for the 
establishment of common schools in every county and precinct 
in the State. 

The development of the future will open up the way to guide 
the legislator in the faithful execution of the general plan here 
presented. 

There was a time in the history of this State when we could 
boast of having provided a munificent fund to enlighten and en- 
large the mind of the youth of our once growing and prosperous 
State. But now. we can only look on with regret at the ruin 
which has been wrought by the untoward results of war and 
hasty and ill-advised legislation. The school fund has been 
squandered, and the youth of twelve years amidst the past eight 
years of distress have reached the years of discretion with but 
little cultivation of mind. 

When we contemplate our present condition, with an empty 
treasury and impoverished people unable to bear the burthens 
of heavy taxation, we almost despair of being able to provide 
for the education of the rising generation. All we can do is to 
lay the foundation as broad as our limited means will permit. 
It is true that if we would perpetuate the principles of a free 



512 University of Texas BuU&tin 

constitution, the people must be educated, so that they may 
learn virtue, administer justice and practice morality. 

A people thus educated will each be a sentinel to guard the 
temple of liberty. They will watch with jealous care every ap- 
proach to undermine the principles of our free constitution. 



Respectfully submitted, 
B. W. GRAY, 

A. M. BRYANT, of Grayson. 
A. BUFFINGTON, 
THOMAS KEALY, Denton. 1 

CAPITOL, AUSTIN, TEXAS, 

January 29, 1869. 



The President announced the consideration of the provisions 
of the constitution was in order. 



Section one, article twelve, on motion, was adopted. 

Section two, article twelve, on motion, was adopted. 

Mr. Smith of Galveston moved to amend section three of 
article twelve as follows: 

In third line of section three, article twelve, strike out the 
word "may" and insert "shall at its first session after the adop- 
tion of this constitution ; ' ' and in line four, section three, article 
twelve, strike out the word "may" and insert "shall." 

The question recurred upon the adoption of the amendment. 

The Convention refused to adopt. 

Section three, article twelve, on motion was adopted. 

Mr. Bryant of Grayson moved to amend by inserting the word 
"Legislature" instead of the word "superintendent," in line 
one, section four, article twelve. 

Amendment agreed to. 

Section four, article twelve, as amended, was, on motion, 
adopted. 

'Ibid., 384-388. 



Education in Texas 513 

Mr. Butler moved the previous question upon the adoption 
of section five of article twelve. 

Previous question seconded. 

The question recurred, ' ' Shall the main question be now put ? ' ' 

Main question ordered. 

The question recurred upon the adoption of the section. 

Upon which the yeas and nays were demanded, and resulted 
thus: 

Yeas — Messrs. President, Adams, Armstrong of Lamar, Bell, 
Bellinger, Brown, Bryant of Harris, Butler, Burnett, Carter, 
Curtis, Degener, Downing, Fayle, Flanagan, Hamilton of Bas- 
trop, Hunt, Johnson, Jordan, Kealy, Kendal, Kuechler, Leib, 
Lippard, Long, Mackey, McCormick, Mc Washington, Morse, Mul- 
lins, Newcomb, Patten, Rogers, Ruby, Schuetze, Slaughter, 
Smith, Stockbridge, Varnell, Watrous, Whitm-ore, Williams, 
Wilson of Brazoria, Wilson of Milam, Wright — 45. 

Nays — Messrs. Armstrong of Jasper, Bryant of Grayson, Buf- 
fington, Cole, Fleming, Gaston, Gray, Hamilton of Travis, Har- 
ris, Harn, Keigwin, Mundine, Phillips of San Augustine, Phil- 
lips of Wharton, Posey, Scott, Sorrell, Thomas — 18. 

So the Section. was adopted. 

Mr. McCormick offered the following amendment to section 
six, article twelve : 

After the word "fund," in the seventh Hue, insert "for the 
benefit of public schools ; and the Legislature shall set apart one- 
fourth of the annual revenue derivable from general taxation, 
and shall also cause to be levied and collected an annual poll tax 
of one dollar on all male persons in this State between the ages 
of twenty-one and sixty years, for the benefit of public schools." 

The question recurred upon the adoption of the amendment. 

It was adopted. 

Mr. Flanagan offered the following amendment : 

Provided, that if any portion of the public domain shall be 
hereafter sold to the United States government, the proceeds 
from such sale shall not be included for scholastic purposes. 
On motion, the amendment was laid on the table. 

Mr. McCormick offered the following amendment to section 
six of article twelve, in eighth line : 



514 University of Texas Bulletin 

After the word "therefrom," in eighth line, insert, "and the 
taxes herein provided for school purposes." 

Amendment agreed to. 

Mr. Patten moved the previous question. 

Previous question seconded. 

The question recurred, ' ' Shall the main question be now put ? ' ' 

Upon which the yeas and nays were demanded, and resulted 
thus : 

Yeas — Messrs. President, Adams, Bell, Bellinger, Brown, 
Bryant of Harris, Butler, Carter, Curtis, Downing, Fayle, Ham- 
ilton of Bastrop, Hunt, Johnson, Jordan, Kuechler, Leib, Lip- 
pard, Long, McCormick, McWashington, Morse, Mullins, New- 
comb, Patten, Posey, Ruby, Schuetze, Slaughter, Smith, Stock- 
bridge, Varnell, Watrous, Whitmore, Williams, Wilson of Bra- 
zoria — 36. 

Nays — Messrs. Armstrong of Jasper, Armstrong of Lamar, 
Board, Bryant of Grayson, Buffington, Burnett, Cole, Flanagan, 
Fleming, Gaston, Glenn, Gray, Harris, Harn, Kealy, Keigwin, 
Kendal, Mackey, Mundine, Phillips of San Augustine, Phillips 
of Wharton, Rogers, Scott, Sorrell, Thomas, Wilson of Milam, 
Wright— 27. 

So the main question was ordered. 

The question recurred upon the adoption of section six, ar- 
ticle twelve, as amended. 

Upon which the yeas and nays were demanded and resulted 
thus : 

Yeas — Messrs. President, Adams, Bell, Brown, Bryant of Har- 
ris, Butler, Carter, Curtis, Downing, Fayle, Hamilton of Bas- 
trop, Hunt, Johnson, Jordan, Kuechler, Leib, Lippard, Long, 
McCormick, McWashington, Morse, Mullins, Newcomb, Patten, 
Posey, Ruby, Schuetze, Slaughter, Smith, Stockbridge, Varnell, 
Watrous, Whitmore, Williams, Wilson of Brazoria — 35. 

Nays- — Messrs. Armstrong of Jasper, Armstrong of Lamar, 
Bellinger, Board, Bryant of Grayson, Buffington, Burnett, Cole, 
Flanagan, Fleming, Gaston, Glenn, Gray, Harris, Harn, Keig- 
win, Kendal, Mackey, Mundine, Phillips of San Augustine, Phil- 
lips of Wharton, Rogers, Scott, Sorrell, Thomas, Wilson of 
Milam, Wright— 28. 



Education in Texas 515 

So the section as amended was adopted. 

Mr. McCormiek moved to amend section seven of article 
twelve, in second line, as follows: 

After "Ftind, ' # in the second line, insert, "and from the taxes 
for school purposes provided for in foregoing section." 

The Convention agreed to the amendment. 

Mr. Cole offered the following amendment to section seven of 
article twelve : 

"AVhich shall be equally distributed to the several counties in 
this State, semi-annually, according to the scholastic population 
of each county. ' ' 

On motion of Mr. Patten the amendment was laid on the table. 

The question recurred upon the adoption of section seven, 
article twelve, as amended. 

Upon which the yeas and nays were demanded and resulted 
thus : A 

Yeas — Messrs. President, Adams, Bell, Brown, Bryant of 
Harris, Butler, Carter, Curtis, Degener, Downing, Hamilton of 
Bastrop, Hunt, Jordan, Kuechler, Leib, Lippard, Long, Mackey, 
McCormiek, Me Washington, Morse, Mullins, Newcomb, Patten, 
Posey, Ruby, Schuetze, Slaughter, Smith, Stockbridge, Varnell, 
Watrous, Whitmore, Williams, Wilson of Brazoria — 35. 

Nays — Messrs. Armstrong of Jasper, Bellinger, Board, Bryant 
of Grayson, Buffington, Burnett, Cole, Flanagan, Fl-eming, Gas- 
ton, Glenn, Gray, Harris, Harn, Johnson, Keigwin, Kendal, 
Mundine, Phillips of San Augustine, Rogers, Scott, Sorrell, 
Thomas, Wilson of Milam, Wright — 25. 

So the section was adopted. 

Section eight of article twelve was, on motion adopted. 

Mr. McCormiek offered the following amendment to section 
nine of article twelve: 

At the end of the section add : 

"The Legislature shall annually appropriate for school pur- 
poses, and to be equally distributed among the scholastic popu- 
lation of the State, the interest accruing on the school fund, and 
the income derived from taxation for school purposes ; and shall 
from time to time, as may be necessary, invest the principal of 



516 University of Texas Bulletin 

the school fund in the bonds of the United States government, 
and in no other security." 

The Convention agreed to the amendment. 

The question recurred upon the adoption of the section as 
amended. 

It was adopted. 1 

CONSTITUTION OF THE STATE OF TEXAS 
1869 

ARTICLE IX 

Public Schools 

Section I. It shall be the duty of the Legislature of this State, 
to make suitable provisions for the support and maintenance of 
a system of Public Free Schools, for the gratuitous instruction 
of all the inhabitants of this State between the ages of six and 
eighteen years. 

Section II. There shall be a Superintendent of Public In- 
struction, who, after the first term of office, shall be elected by 
the people ; the first term of office shall be filled by appointment 
of the Governor, by and with the advice and consent of the Sen- 
ate. The Superintendent shall hold his office for the term of 
four years. He shall receive an annual salary of two thousand 
five hundred dollars, until otherwise provided by law. In case 
of vacancy in the office of Superintendent, it shall be filled by 
appointment of the Governor, until the next general election. 

Section III. The Superintendent shall have the supervision 
of the Public Free Schools of the State, and shall perform such 
other duties concerning public instruction as the Legislature 
may direct. The Legislature may lay off the State into con- 
venient School Districts, and provide for the formation of a 
Board of School Directors in each District. It may give the Dis- 
trict Boards such legislative powers, in regard to the schools, 
schoolhouses, and school fund of the District as may be deemed 
necessary and proper. It shall be the duty of the Superintendent 
of Public Instruction to recommend to the Legislature such pro- 



Ubid., 417-421. 



Education in Texas 517 

visions of law as may be found necessary, in the progress of 
time, to the establishment and perfection of a complete system 
of education, adapted to the circumstances and wants of the 
people of this State. He shall, at each session of the Legislature, 
furnish that body with a complete report of all the Free Schools 
in the State, giving an account of the condition of the same, and 
the progress of education within the State. Whenever required by 
either House of the Legislature, it shall be his duty to furnish all 
information called for, in relation to Public Schools. 

Section IV. The Legislature shall establish a uniform system 
of Public Free Schools throughout the State. 

Section V. The Legislature, at its first session, (or as soon 
thereafter as m,ay be possible) shall pass such laws as will re- 
quire the attendance on the Public Free Schools of the State 
of all the scholastic population thereof, for the period of at least 
four months of each and every year ; provided, that when any of 
the scholastic inhabitants may be shown to have received regular 
instruction, for said period of time in each and every year, from 
any private teacher having a proper certificate of competency, 
this shall exempt them from the operation of the laws contem- 
plated by this section. 

Section VI. As a basis for the establishment and endowment 
of said Public Free Schools, all the funds, lands, and other prop- 
erty heretofore set apart and appropriated, or that may here- 
after be set apart and appropriated, for the support and main- 
tenance of Public Schools, shall constitute the Public School 
Fund. And all sums of money that may come to this State here- 
after from the sale of any portion of the public domain of the 
State of Texas, shall also constitute a part of the Public School 
Fund. And the Legislature shall appropriate all the proceeds 
resulting from sales of public lands of this State to such Public 
School Fund. The Legislature shall set apart, for the benefit of 
Public Schools, one-fourth of the annual revenue derivable from 
general taxation ; and shall also cause to be levied and col- 
lected, an annual poll tax of one dollar, on all male persons in 
this State between the ages of twenty-one and sixty years, for 
the benefit, of Public Schools. And said fund and the income 
derived therefrom, and the taxes herein provided for school pur- 
poses, shall be a perpetual fund, to be applied, as needed, ex- 



518 University of Texas Bulletin 

clusively for the education of all the scholastic inhabitants of 
this State; and no law shall ever be made appropriating such 
fund for any other use or purpose whatever. 

Section VII. The Legislature shall, if necessary, in addition 
to the income derived from the Public School Fund, and from 
the taxes for school purposes, provided for in the foregoing sec- 
tion, provide for the raising such amount by taxation, in the 
several School Districts in the State, as will be necessary to pro- 
vide the necessary school houses in each district, and insure the 
education of all the scholastic inhabitants of the several Districts. 

Section VIII. The public lands heretofore given to counties 
shall be under the control of the Legislature, and may be sold 
under such regulations as the Legislature may prescribe ; and in 
such case the proceeds of the same shall be added to the Public 
School Fund. 

Section IX. The Legislature shall, at its first session, (and 
from time to time thereafter, as may be found necessary,) pro- 
vide all needful rules and regulations for the purpose of carry- 
ing into effect the provisions of this Article. It is made the im- 
perative duty of the Legislature to see to it, that all the children 
in the State, within scholastic age, are, without delay, provided 
with ample means of education. The Legislature shall annually 
appropriate for school purposes, and to be equally distributed 
among all the scholastic population of the State, the interest 
accruing on* the School Fund, and the income derived from tax- 
ation for school purposes; and shall, from, time to time, as may 
be necessary, invest the principal of the School Fund in the 
bonds of the United States Government, and in no other se- 
curity. 1 

REPORT OF THE FEDERAL. COMMISSIONER OF EDUCATION 

Washington, D. C, 
October 27, 1870. 

In Texas no school legislation has, so far, succeeded, and no 
public officers are at work for the organization of schools, her 



^Constitution of the State of Texas, Adopted by the Constitutional 
Convention Convened Under the Reconstruction Acts of Congress 
Passed March 2, 1867, 29-31. 



Education in Texas 519 

entire population being left to grow up in ignorance, save as here 
and there a private enterprise throws a ray of light upon the 
general darkness. 1 



MESSAGE OF THE GOVERNOR 
EDMUND J. DAVIS 
Davis was Governor during the "radical era" from 1869 to 1874. 

EXECUTIVE OFFICE, 

Austin, April 29th, 1870. 
Gentlemen of the Senate and 

House of Eepresentatives of Texas: 



The establishment of a good system of schools that will secure 
education to all,, will, no doubt, in process of time, operate here, 
as elsewhere, to the diminishing of offences. But of this I speak 
hereafter 

Next in importance to the measures necessary to the establish- 
ment of law and order, you will find the question of providing 
for the education of the children of the State. No better civilizer 
has been found than a liberal system of education. Aside from 
the provisions of our constitution, which make it "the impera- 
tive duty" of your body to provide for the education of all chil- 
dren of the scholastic age, experience will hereafter prove that, 
from any point of view, no money discretely expended in pro- 
motion of universal public education can be considered lost in 
an economical point of view. It has been found as serviceable to 
the farmer and artisan as to the professional man. 

I have already noticed its effects in abating the catalogue of 
crimes, but there is a special necessity for education in our 
country where the government depends upon the people them- 
selves. The success of Republican institutions and universal 
sufferage is assured by universal education. The expenditures 
for this purpose must necessarily be heavy at the outset, in or- 
ganizing, building school-houses, providing books, apparatus, 



^Report of the United States Commissioner of Education, 1870, 16. 



520 University of Texas Bulhtin 

etc., etc. The perpetual school fund provided in article nine of 
the Constitution, section six and eight is as follows: 

1. All funds, lands, and other property heretofore set 
apart, or that may hereafter be set apart for the support of 
Public Schools. 

2: All sums of money that may come to this State from sale 
of any portion of the public domain, or sales of public lands. 

3. One-fourth of the annual revenue from general taxation, 
and an annual poll tax of one dollar on all male persons between 
the ages of twenty-one and sixty years". 

4. The public lands heretofore given to counties to be sold 
under such regulations as the Legislature may prescribe. 

In addition to this "perpetual fund," the Legislature is au- 
thorized in Section seven, to provide for the raising of such 
amount, by taxation, in the several school districts in the State, 
as will provide the necessary school houses, and insure the edu- 
cation of all. The powers thus given to the Legislature are 
ample. The summary of means now disposable, which may be 
considered as included in this "perpetual fund, is: 

1. Cash, in specie, $58,979.31; currency, $543.19; total 
$59,522.50. 

2. State 5 per cent bonds, under act of November 12, 1866, 
$82,168.82 (assuming that this act of the Legislature of 1866 is 
to be respected). In addition to this sum, the act mentioned 
provided for placing other similar bonds to credit of school fund, 
to make up such part of the $634,000 "indemnity bonds," with 
the unpaid coupons or their proceeds, as might be recovered from 
the parties to whom they had passed from the "Military Board" 
during the late war. These indemnity bonds and coupons were 
taken from the school fund, to which they belonged, by an act of 
the revolutionary government of January 11, 1862, and the act 
of 1866, was intended to replace them, as far as recovered, by 5 
per cent. State bonds. The system of support of schools is now, 
by the constitution, so fully provided for,- that this arrange- 
ment seems unnecessary. I, therefore, suggest that in lieu 
thereof, the amount collected of those bonds and coupons be 
turned over to the school fund. 

3. Principal and interest, $2,742,198.27, due to the school 



Education in Texas 521 

fund from railroad companies. Included in this amount is the 
sum of $320,367.13 pretended to have been paid during 1864 
and 1865, in State warrants, for which the 6 per cent manu- 
script State bonds (see Comptroller's report, table II), were 
issued. I assume that this $320,367.13 is still a legal claim 
against the roads pretending to have paid the same. I suppose 
upwards of two millions of the total due by the railroads could 
be realized with certainty, and perhaps the whole may be eventu- 
ally saved by the adoption of the proper measures. 

In addition to the above, the University fund and lands may, 
I suppose, properly be considered as part of the Common School 
fund, though not directly included therein by the constitution. 
In regard to that part of the school fund in the possession of the 
railroads, it will be recollected that, by the act of the thirteenth 
of August, 1856, under which this fund was loaned to the roads, 
it was provided that the Governor should cause a sale to be made 
of the roads failing to pay any installment of the interest due on 
their bonds, or of the two per cent sinking fund. No part of the 
sinking fund has been paid by any road since 1860, and of in- 
terest the only payments made since that date are by the H. & 
T. C. R. R, $38,280, in the years 1866 and 1867, and by thei 
B. B. B. & C. R. R, $6,120, in 1867. This condition of affairs 
would warrant a sale at once for the benefit of the School Fund 
of all the roads indebted to it ; but it is suggested in view of the 
disturbed state of the country during this period, that these roads 
be relieved of the forfeiture legally resulting from their default, 
on payment of the interest now due, and of the regular payment 
hereafter of interest and sinking fund coming due. If this sug- 
gestion is not adopted by your body, I will proceed to sell in ac- 
cordance with the above cited act. 

EDMUND J. DAVIS, 
Governor. 1 

AN ACT TO ESTABLISH A SYSTEM OF PUBLIC FREE 
SCHOOLS FOR THE STATE OF TEXAS 

Section 1. Be it enacted by the Legislature of the State of 
Texas, That a Superintendent of Public Instruction shall be ap- 

1 Message of Governor Edmund J. Davis to the Tivelfth Legislature, 
April 28, 1870, 5-7. 



522 University of Texas Bulletin 

pointed by the Governor, by and with the advice and consent of 
the Senate, to continue in office, under such appointment, until 
the first general election of State and county officers, and until 
his successor is elected and qualified. At the first general elec- 
tion a Superintendent of Public "instruction shall be elected. He 
shall hold his office for four years; he shall receive an annual 
salary of twenty-five hundred dollars ; in case of vacancy by 
death or otherwise, in said office, it shall be filled by appointment 
of the Governor, until the succeeding general election. 

Sec. 2. The Superintendent of Public Instruction shall, from 
time to time, as required, recommend necessary legislation to a 
complete system of education, adapted to the circumstances of 
the people of the State. He shall furnish the Legislature, at 
each session thereof, a report of all the free schools in the State, 
their condition, and the progress of education, and the working 
of the system, and suggest such changes as he may deem neces- 
sary. Whenever required, he shall furnish either House such 
information as may be desired, in relation to the public schools 
of the State. He shall have his office at the seat of government. 
He shall decide all controversies arising out of or relating to 
public free schools of the State. He shall recommend to boards 
of school directors and teachers the most approved methods of 
teaching and discipline, and books to be used. He shall furnish 
to boards of directors, teachers, tax assessors and county treas- 
urers, all necessary forms and blanks required for the manage- 
ment of schools, and the receipt and disbursement of all the 
school funds of the State, and the taking of the census of the 
scholastic population of the State. He shall ascertain the amount 
of the school fund of the State for annual distribution, and see 
that the same is duly distributed to the several counties, accord- 
ing to the scholastic population, by the State Treasurer. He 
shall report annually to the Legislature the amount of the school 
fund, and the disposition of the same. The fiscal scholastic year 
shall be the same as the fiscal year of the State Treasury. 

Sec. 3. That each organized county in this State shall be a 
school district, and the County Courts thereof shall be ex-officio 
boards of school directors for their respective counties. Said 
boards shall have the following powers : 

1. To divide their counties into as many sub-districts as 



Education in Texas 523 

may be necessary for public convenience. 

2. They shall locate as many school-houses in each sub-district 
as the interest of the scholastic population may require, and the 
amount of the school fund belonging to the county will justify. 

3. They shall levy and have collected, when necessary, an ad 
valorem tax on the taxable property of the county, not exceeding 
one per cent, for the purpose of building shool-houses, under 
their supervision; each sub-district to have the benefits of the 
taxes paid by its own citizens, in the erection of school-houses. 

4. They shall appoint a suitable number of school trustees in 
the county; at least one board of trustees; each board to consist 
of three persons, suitable and competent, to each sub-district. 

5. They shall appoint three competent persons as school ex- 
aminers, to examine persons who wish to teach, as to competency, 
sobriety and good moral character, and to give them certificates 
of recommendation. 

6. They shall require all parents and guardians, in their re- 
spective counties, to send their children and wards to some public 
school, unless taught by private teachers, or in some other school 
or seminary of learning, at least four months in each year, under 
the penalty of forfeiting interest in the school fund for the time 
being. 

7. All difficulties arising in any of the public free schools of 
this State shall be reported by the trustees to the proper board 
of directors, and said board shall have power to settle the same. 
In order to do this, they may remove teachers or expel students 
for insubordination; and when, in their opinion, the harmony 
and success of the school require it, they may make any separa- 
tion of the students or school necessary to insure success, so as 
not to deprive any student or students of scholastic benefits, 
except for such misconduct as demands expulsion. 

8. They shall make such rules, regulations and by-laws for 
the government of schools as may seem to them best for the 
interests of education in their respective counties, not incon- 
sistent with the Constitution and laws of this State, to insure 
justice, equality and impartiality to all the scholastic population 
of their respective counties. 

9. Said board of school directors shall faithfully and impar- 
tially discharge and perform all the duties required of them, by 



524 University of Texas Bulletin 

this act. Said board shall be allowed the same fees or "per 
diem" pay for services, under this act, that they are allowed for 
similar services as a Police Court, to be paid out of the county 
treasury. 

Sec. 4. The presiding justice of the Police Court, as soon as 
the scholastic census shall have been taken and the tax for build- 
ing school-houses assessed, and annually thereafter, as required, 
shall report to the Superintendent of Public Instruction the num- 
ber of children of scholastic age in the county and in each sub- 
district; the number of schools in operation in the county and 
in each sub-district; the amount of taxes assessed, and how 
appropriated. He shall give the Superintendent any other in- 
formation, from time to time, as required, and for such services 
he shall be allowed reasonable compensation, to be fixed by the 
other members of tbe County Court, to be paid out of the treas- 
ury of the county. 

Sec. 5. The board of school directors shall be subject to the 
rules and directions and supervision of the Superintendent of 
Public Instruction. 

Sec. 6. Each board of trustees shall, under the direction and 
supervision of the board of school directors, aid and assist in 
locating and building school-houses in their sub-districts to the 
greatest advantage to the people interested; they shall employ 
teachers, and, when necessary, assistant teachers, for not less 
than four months in The year — none to be employed as teachers 
except such as have certificates of recommendation from the 
board of school examiners of the county; they shall have the 
control of the school-house or houses assigned to them by the 
district board; they may discharge a teacher for incompetency, 
immorality, neglect or misconduct in school ; they may give all 
necessary certificates or vouchers to teachers that may be neces- 
sary for them to draw the amount due them for services ren- 
dered ; they may, and it is hereby made their duty to visit, in- 
spect and supervise the school under their charge, subject always 
to the supervision of the superintendent and board of the district. 

Sec. 7. The board of trustees, in employing teachers, shall 
have discretion as to the price and terms of tuition per month, 
allowing twenty days to the month, to he ascertained by the day- 
book of the teacher, of the time each student actually attended, 



Education in Texas 525 

the day-book to be approved by the board of trustees. On ap- 
proving such claim against the school fund, the trustees shall 
give an order on the county treasurer in favor of the teacher for 
the amount due, to be paid out of the school fund in his hands, 
or when said treasurer may be in funds, to pay the sarnie. 

Sec. 8. Private teachers and others not employed by the trus- 
tees of the sub-district in which the student resides, shall con- 
form to the foregoing section of this act, in order to share in the 
school fund of the district ; such private teachers, however, shall 
be subject to examination, as provided in section three of this 
act ; provided, that nothing contained in this section shall au- 
thorize the payment of any portion of the school fund to any 
private teacher or any other person not employed by the trustees 
of a school district wherein there shall be a public free school; 
and provided further, that no sectarian doctrines shall be 
taught in said private schools. 

Seo\ 9. The school trustees herein prescribed shall be ap- 
pointed annually ; they may be removed by the district board for 
cause, spread on the minutes of the court, and others may be 
appointed until the end of the term. 

Sec. 10. The taxes herein recpiired to be levied for the pur- 
pose of building school-houses, shall be assessed and collected as 
other county taxes. When collected they shall be paid over to 
the county treasurer, subject to the order of the county Court. 

Sec. 11. The tax assessors of each county shall, every year, 
take the scholastic census of their respective precincts, and the 
several school districts therein, and shall transmit a copy thereof 
to the State Treasurer, under their official signature, and file a 
like copy in the office of the district clerk of the county; and 
from this list the County Court shall apportion the school funds 
of the county among the sub-school districts, according to their 
scholastic population. 

Sec. 12. The State Treasurer shall keep a record of the num- 
ber of children of scholastic age in each and every county in this 
State, and a correct account of the school fund due the several 
counties; and at the commencement of the fiscal year, he shall 
distribute to the several counties the amount due them, accord- 
ing to the scholastic population. He shall report to the Governor 
annually the condition of the school fund, and the distributions 



526 University of Texas Bulletin 

made to the several counties- the amount due the several coun- 
ties to be paid to the county treasurer for the use of the public 
free schools of the counties respectively. 

Sec. 13. The Treasurer of the State may authorize the col- 
lection of taxes for the several counties, to pay the whole or a 
part of the taxes collected for school purposes to the county 
treasurer for the use of the county, and the receipt of the 
treasurer of the county shall be a sufficient voucher, on settle- 
ment with the tax collector, for the amount so paid. 

Sec. 14. All school funds, derivable from whatever source, 
sliall be paid into the treasury of the State, or county treasury 
when originating in the county, and shall be exclusively appro- 
priated to the payment of teachers, and the salary of the super- 
intendent and clerk, and other incidental fees for collecting and 
disbursing as may be provided by law. 

Sec. 15. County treasurers shall keep a record of all money 
received on account of the school fund, and of all money paid 
out, to whom, and for what purpose paid, and at what date, and 
shall make annual report to State Treasurer. 

Sec. 16. The English branches of education shall be taught 
in the public free schools of this State ; and the school examiners 
shall not recommend any person as a teacher who is not compe- 
tent and well qualified to teach said branches, especially spelling, 
reading, writing, arithmetic, grammar and geography, and who 
is not of good moral character and sober habits ; and the board 
of school directors may permit in any public school in their re- 
spective counties that, in connection with the English branches 
of education, any foreign language may be taught. 

Sec. 17. The salary of the superintendent shall be paid quar- 
terly, and he may employ a clerk at a salary not exceeding 
twelve hundred dollars, if, in his discretion, the duties of the 
office require it. 

Sec. 18. Free public schools shall be taught at least four 
months in each year, and they may be taught for a greater period 
if the amount of school fund is sufficient, or if the citizens of the 
district by subscription or advancement will supply the de- 
ficiency; and every child between the ages of six and sixteen 
years shall attend a public school at least four months in each 
year, unless it be prevented by sickness; provided, that when 



Education in Texas 527 

any of the scholastic inhabitants may be shown to have received 
regular instruction for said period of time in each and every 
year, from any private teacher having a proper certificate of 
competency, this shall exempt them from the operation of this 
section. 

Sec. 19. All moneys now standing to the credit of the "school 
fund" in the treasury of the State, and all lands heretofore 
surveyed and set apart for establishing a primary school or 
academy in the several counties of this State; and all sums of 
money that may come to this State hereafter from fines and for- 
feitures, set apart by law for school purposes, or from the sale 
of any portion of the public domain of the State of Texas, and 
all sums now due said school fund from individuals and cor- 
porations, shall constitute that portion of the school fund to be 
denominated the permanent school fund; and as soon as prac- 
ticable, these moneys, claims, and proceeds shall be consolidated 
and converted into United States bonds, and the interest only of 
this fund shall be applied to the support of public free schools 
in this State. 

Sec. 20. The fourth of the annual revenue derivable from 
taxation, and the annual poll-tax of one dollar, to be levied and 
collected for the benefit of "public schools," and the interest 
accruing upon the permanent school fund, shall be denominated 
the available school fund; and this shall be applied exclusively 
to the payment of teachers' salaries and the expenses of the 
educational bureau ; and no part of this fund shall be applied 
to any other purposes, except by law. 

Sec. 21. It shall be the duty of the district attorney of each 
judicial district to inspect the action of the respective County 
Courts composing his district, in regard to all matters pertaining 
to public schools, and report to the Superintendent of Public 
Instruction at the end of each term of the court held in each 
county of said district. 

Sec. 22. That this act take effect and be in force from and 
after its passage. 

Approved August 13, 1870. 1 



^General Laics of the Twelfth Legislature of the State of Texas. 
Called Session, 1890; 113-118; 
Gammel's Laws of Texas, Vol. 6, (287-292). 



528 University of Texas Bulletin 



GOVERNOR'S MESSAGE 



EXECUTIVE OFFICE, 

Austin, January 10, 1871. 
Gentlemen of the Senate and House of Representatives of Texas: 



STATE BONDS 



It will be perceived that I have not included in this estimate 
of indebtedness the bonds issued to the Common School and 
University funds under the provisional act of November 12, 
1866, amounting: to $216,641.08 and interest. I can perceive no 
good reason why these bonds, issued to' replace five per cent. 
United States indemnity bonds, taken and disposed of during 
the rebellion by the authorities then in possession of the State, 
should now be a charge upon the people. If it is necessary that 
the School and University fund should be increased in a sum 
equivalent to those bonds, it had better be done in plain terms, 
but there is no such necessity, and it is our experience in the 
past, that the accumulation of these special funds tends to in- 
vite spoliation. 

The School and University funds are now, I believe, quite as 
large as they can safely remain, and the taxes that would go to 
pay interest on bonds added to swell those funds, might as well 
be expended directly in support of schools or universities. I, 
therefore, recommend that the bonds issued to the School and 
University funds under said provisional act of 1866, be canceled. 



PUBLIC SCHOOLS AND SCHOOL AND UNIVERSITY FUND 

The public school system enacted at the last session of your 
body, has not been put in operation, because of failure to make 
an appropriation therefor. The constitution having provided 
that one-fourth of the ordinary taxes, the capitation tax and the 
income from the school fund, shall be "applied as needed," for 
the education of the scholastic inhabitants of the State, there is 



Education in Texas 529 

/ 
an impression abroad that the suras accruing from these sources, 
can be drawn from the treasury and used, without specific ap- 
propriation. But section 6, article XII, is very distinct in its 
declaration that "no money shall be drawn from the treasury 
but in pursuance of specific appropriation made by law. ' ' I trust 
that your early attention will be called to the supplying of this 
omission. The maintenance of a good system of public schools, 
I regard as second in importance to no other object of govern- 
ment under our institutions. The people expect us to attend to 
this matter at once, as every day 's delay is of irreparable damage 
to the growing generation, for whose wants we are called upon 
to provide. 

The returns of scholastic census, taken under section 11 of the 
act of your last session, to establish a system of public free 
schools, have been received from but a few counties, and from 
many of these the returns are only partial. They show in 
twenty-five counties, from which the returns are complete 42,388, 
and in sixteen counties, from which the returns are incomplete, 
12,331 children within the scholastic age. The State Treasurer 
informs me that the taking of this census is probably delayed by 
the omission of the School Law to fix a certain and adequate 
compensation therefor, to the justices wHo are required to take it. 

Assuming the returns received as a basis for calculation, I es- 
timate the total scholastic population of the State at about one 
hundred and sixty thousand, of whom at least one hundred thou- 
sand now enjoy no school advantages whatever. This condition 
should not be allowed to last a moment longer, because, with the 
ample endowment of our public schools, it is inexcusable. This 
endowment consists of the "perpetual fund" (of which only 
the interest can be used) and that portion of the annual taxes 
assigned by the constitution to the support of the public schools, 
and which may be appropriated annually to that purpose. The 
perpetual fund which is now producing (or can be soon made to 
produce) income, embraces the following items: 

1. $60,258.61 ($58,999.31 coin and $1,279.30 currency,) in 
the Treasury, authorized by act of August 12, 1870, to be con- 
verted into United States five-twenty bonds. 

2. $2,759,731.44 gold., consolidated principal and interest, 
due by railroad companies to the school fund, on the first day of 



530 University of Texas Bulletin 

May, 1870. On their respective shares of this amount, all the 
railroads paid up, on or before the eleventh of November last, 
the interest and one per cent sinking fund, coming due at that 
date, under the act of August 13, 1870, with exception of the 
"Houston Tap and Brazoria Railroad," and the "Texas and 
New Orleans Railroad. ' ' The amount due from these two roads, 
on the said first day of May, 1870, was $1,125,859.45. They are 
advertised to be sold on the fourteenth and fifteenth days of 
February next, and I hope to realize therefrom at least half of 
the amount due the School fund. 

3. $250,000 of the amount claimed in the suits now pending 
in Washington, based on the Texas Indemnity bonds. I think 
this amount may reasonably be expected to be realized from 
those suits after paying all expenses. 

4. $10,269.39 ($9,800 in United States six per cent, bonds and 
$469.39 in currency) reported by S. M. Swenson, Esq., of New 
York, to be in his hands and belonging to the State. Mr. Swen- 
son desires to hold this as security for a claim which he has 
against the State, but I have informed him that I have no au- 
thority to make such arrangement, and he will probably pay over 
the amount when called upon. 

5. $61,000 in Texas Indemnity bonds, deposited by Provis- 
ional Governor A. J. Hamilton, at the Treasury in Washington. 
The cash (gold) for these, can be had at any time on applica- 
tion there. 

In connection with the Public School Timid, or rather the Uni- 
versity fund, (the two funds properly being considered together.) 
I would call your attention to the donation made by acts of Con- 
gress, of scrip representing 180,000 acres of land, to provide 
colleges for the "benefit of agriculture and the mechanic arts." 
I have made application at Washington for this scrip and it has 
probably, ere this, been turned over to the agent appointed ; but 
under the said acts, (July 2, 1862, and amendment July 23, 
1866,) of Congress, the State must provide, within five years 
from 1866, at least one such college as is described in the acts, or 
must refund to the United States the scrip or its proceeds. Less 
than one year remains within which this State can secure the 
benefits intended. I think we cannot safely attempt at present 
the establishment of more than one of these colleges, and suggest 



Education in Texas 531 

that this be incorporated with the State University. I recom- 
mend the. early passage of an act applicable to the case. 

According to my above estimate of the school fund, the actual 
cash ( or equivalent) gold value of it, is now upwards of two 
million five hundred and seventy -five thousand ($2,575,000) dol- 
lars. The items which have not already been realized and placed 
in the Treasury, will so be within a few months, and when we 
recollect that the school fund was not long since given up in the 
minds of most people as totally lost, the above result is very 
gratifying. I recommend that you authorize all the above sums, 
as fast as realized, to be converted in United States bonds, and 
also that similar disposition be authorized of proceeds of sale of 
school lands or public domain, and of the 2 per cent, per annum 
received from the railroads, on account of the sinking fund. 

The money received from these sources constitutes what the 
Constitution denominates the "Public School Fund" proper. 
The interest of this fund, and the poll tax, and the one-fourth 
of the ordinary State taxes, and the proceeds of such special 
school tax as the Legislature may authorize, is to be appropriated 
by your body annually to the support of the public schools. If 
these portions of the fund not now yielding interest, are speed- 
ily invested in United States bonds, I think that for the current 
year, the sum of $500,000 may be expected as disposable by ap- 
propriation for maintenance of public schools, without resort- 
ing to the imposition of any special school tax ; and I recommend 
an appropriation of that amount to the establishment and main- 
tenance of public schools, such appropriation to be drawn only 
from funds especially disposable for school purposes. 

But the first matter requiring attention in this regard, will be 
the enactment of an efficient school law, to the end that your ap- 
propriation may not be expended in vain. The law passed at 
your last session seems in many respects impracticable, and not 
likely to carry out the spirit of the excellent provisions of the 
Constitution. I will instance here, the enactment in that law 
for enforcing the education of children. The Constitution mak- 
ers seemed to reason, that parents or guardians could not will- 
fully permit children under their care to grow up in ignorance, 
without themselves becoming guilty of an offence against the 
public welfare. The Constitution evidently intended the in- 



532 University of Texas Bulletin 

fliction of a substantial punishment on such persons, but the 
enactment on that subject in the law, will, by most of such de- 
linquents, hardly be considered a punishment. 1 

AN ACT TO GIVE EFFECT TO THE SEVERAL PROVISIONS 
OF THE CONSTITUTION CONCERNING TAXES 



The Tax fob District School Houses 
Sec. 8. A direct ad valorem tax, for the year 1871, of one- 
fourth the amount of the direct ad valorem State tax, on all real 
property situate, and all personal property owned in each school 
district in this State, save so much thereof as is exempted as 
aforesaid, to "provide the necessary (Constitution, article nine, 
section seven,) school houses in each district, and insure the 
education of all the scholastic inhabitants of the several dis- 
tricts." 'This tax, if deemed too large, may before the collection, 
be reduced to any specific less rate by order of the county court. 



Repealing Section 

Sec. 32. All laws and parts of laws in conflict herewith, ex- 
cept such as authorize special county taxes and other special 
taxes, shall be and are hereby repealed, saving and reserving all 
rights of the State, of the respective counties and of the officers 
thereof under the same ; the rights of the officers to be adjusted in 
conformity with the instructions to be issued under this act. 

Sec. 33. For the purpose of the prompt promulgation and 
understanding of this act by tax payers, the Secretary of State 
is directed to have the same published in the official journals of 
the several districts of the State ; and this act shall take effect 
and be in force from and after its passage. 

Approved April 22, 1871. 2 

^Message of Gov. Edmund J. Davis, of the State of Texas, 1871, 5-7, 
8-10. 

-General Laivs of Texas, 1871, 47, 56; Gammel's Laws of Texas, Vol. 6, 
(945-958.) 



Education in Texas 533 

AN ACT TO ORGANIZE AND MAINTAIN A SYSTEM OF PUBLIC 
FREE SCHOOLS IN THE STATE OF TEXAS 

Section 1. Be it enacted by tJie Legislature of Texas, That 
the Superintendent of Public Instruction shall have supervisory 
control of all the public free schools in this State, and shall re- 
ceive a salary of three thousand dollars per annum. He shall 
keep a record of the number of children in each county of scho- 
lastic age, from six to eighteen years of age ; apportion the 
money of the school fund of the State to the several counties 
according to the scholastic population. He shall keep a correct 
account of all moneys of the school fund and matters apper- 
taining thereto, and report to the Governor annually, at the close 
of the fiscal year, the condition of the school fund, distributions 
of moneys, and such suggestions in regard to the school system 
as may be deemed advisable. The fiscal scholastic year shall be 
the same as the fiscal year of the Treasury. He shall prescribe 
and furnish all necessary forms for teachers and all other sub- 
ordinate officers of the Bureau of Education, and he shall direct 
the manner and times of making reports by those officers and 
persons, and shall examine and approve all accounts for com- 
pensation of teachers and employes of the Bureau of Education, 
and for school books and apparatus purchased for public schools 
before the same shall be paid at the Treasury. 

Sec. 2. The Superintendent of Public Instruction, with the 
approval of the Governor, shall appoint for each judicial dis- 
trict of this State one supervisor of education for such judicial 
district, who shall hold his office for four years, unless sooner 
removed. Each supervisor of education shall receive, as compen- 
sation, the sum of five dollars per day for the time actually em- 
ployed in attending to the duties of his office ; provided, that the 
total to be paid to any supervisor during any one year shall not 
exceed the sum of twelve hundred dollars. The supervisors of 
education may be removed by the Superintendent of Public In- 
struction, on the approval of the Governor, for incompetency, 
malfeasance or neglect of duty. The supervisors of education 
shall be empowered to lay off and subdivide the counties of their 
respective judicial districts into school districts, and shall be 
empowered to appoint five school directors for each school dis- 
trict ; but the authority of the supervisors in these respects shall 



534 University of Texas Bulletin 

be subject to the control and revision of the Superintendent of 
Public Instruction. It shall be the duty of the supervisors to 
enforce, in their respective districts, all rules and regulations 
adopted by the Board of Education for the government of public 
free schools in this State. 

Sec. 3. The Superintendent of Public Instruction, with the 
Governor and the Attorney General, shall form a Board of Edu- 
cation for the State. It shall be the duty of this board, subject 
to the Constitution and laws of this State, to adopt all necessary 
rules and regulations for the establishment and promotion of 
public schools ; to provide for the examination and appointment 
of teachers, and to fix their compensation ; to define the course of 
studies in the public schools, and direct the class and kind of 
apparatus and books to be used therein ; to prescribe the duties 
of the boards of directors, and generally do all things not incon- 
sistent with the Constitution and laws of this State necessary to 
establish and maintain a system of public free schools ; provided, 
that the Board of Education for this State shall prescribe no rule 
or regulation that will prevent the directors of the school dis- 
tricts from making any separation of the students that the peace 
and success of the school and the good of the whole may require. 

Sec. 4. The Board of Education for the State shall report for 
action of the Legislature from time to time such amendments of 
the school laws of this State as may be found necessary, stating 
in their report the facts and reasons which, in their opinion, 
render necessary such proposed amendments. 

Sec. 5. The available school fund, liable to appropriation for 
the support of public schools, is hereby declared to be all in- 
terest which has accrued, or may hereafter accrue, to the school 
fund from railroads or otherwise, since the thirtieth day of 
March, 1870, one-fourth of all the ad valorem and occupation 
taxes assessed since that date, and such other taxes as have been 
or may be provided by law for the support of public schools. 
Accounts against this available school fund shall be paid out of 
any part of it that may be in the Treasury, on appropriation 
therefor by the Legislature. The directors of each school dis- 
trict shall have authority to levy a tax of not exceeding one per 
cent, for the purpose of building school houses and maintaining 
schools in their respective school districts; and the manner of 



Education in Texas 535 

the collection and disbursement of this tax shall be prescribed by 
the Board of Education for the State. 

Sec. 6. The board of school directors shall require the at- 
tendance on the public schools of their respective districts, of 
all the scholastic population thereof, for a term of at least four 
months of each and every year ; and should any of said scholastic 
population neglect or refuse to attend said schools each and every 
parent or guardian of such child or ward neglecting or refusing 
to attend shall be deemed guilty of a misdemeanor, and upon 
trial and conviction thereof before any court of competent juris- 
diction, shall be fined in a sum not to exceed twenty-five dollars 
for each and' every such offense, and shall pay the costs of the 
prosecution; and all moneys collected for fines, under the pro- 
visions of this section, shall be paid into and become a part of 
the public school fund of the district where the penalty was in- 
curred; provided that when any child or ward of scholastic age 
may be shown to have received regular instruction from any 
private teacher having a proper certificate of competency, or 
when it may be shown that said child or ward was prevented by 
ill health from attending school, or that there was no public 
school within three miles of the residence of said child or ward 
or that said absence was caused by reason of danger from hos- 
tile Indians — this shall exempt them from the operation of the 
penalty contemplated by this section ; and further provided, that 
nothing in this act shall be construed as to compel the at- 
tendance of a child under ten years of age on the public free 
schools when there is no school established Within one mile of the 
residence of said child or ward. 

Sec. 7. That all laws and parts of laws not consistent with 
this act be, and the same are hereby repealed, and that this act 
take effect and be in force from and after its passage. 

Approved April 24, 1871. 1 



x Rules and Regulations for the Government of Public Free Schools in 
the State of Texas. Adopted by the Board of Education, 1871, 3-7; 
General Laics of Texas, 1871, 57-60. 



536 University of Texas Bulletin 

RULES AND REGULATIONS 

for the 

GOVERNMENT OF THE PUBLIC FREE SCHOOLS 

in the 

State of Texas 

TITLE II 



SUPERVISORS 



Regulation 5. A supervisor, upon receiving information 
from, school directors, or otherwise, that any teacher in his dis- 
trict has treated a pupil in a harsh or cruel manner, shall at 
once direct the school directors in whose district such an occur- 
rence took place, to inquire into the facts Of the case, and for- 
ward their report through him to the superintendent. 



Regulation 9. Supervisors, upon receiving the check books 
of the different teachers of their judicial districts, will forward 
to the superintendent the names of all persons of scholastic age 
who have not attended school for four months as provided in 
section six of "An act to organize and maintain a system of 
Public Free Schools in the State of Texas," approved April 24, 
1871. 



TITLE III 

BOARD OF DIRECTORS 

Rule 3> — After the organization of the Board of Directors has 
been effected they will proceed to levy the tax as prescribed in 
section five of "An act to organize and maintain a system of 
public free schools in the State of Texas," approved April 24, 
1871. 

Rule 6 — It shall be the duty of school directors to select sites 



Education in Texas 537 

on which to build school houses in their respective districts im- 
mediately after they have levied the tax as prescribed by rule 
No. 3. 

Rule 7 — After having selected sites they will send information 
through the supervisor to the Superintendent, giving the num- 
ber of children who live in the neighborhood of the different 
sites, and who will have to attend school at each place, and such 
other information as may be necessary to enable the Superin- 
tendent to send them plans for the different school houses to 
be built. 

Rule 8 — After receiving the plans for each school house, 
school directors will advertise in the official paper of their re- 
spective judicial districts and the STATE JOURNAL at Austin, 
inviting bids for building different school houses — a blank form 
for which will be furnished from the office of the Superintendent. 
The cost of such advertisements to be paid out of the funds col- 
lected from the special tax levied by said school directors. 

Rule 9 — No contract made by school directors for building 
school houses will be carried into execution until the same has 
been approved by the Superintendent. 



TITLE IV 

RULES FOR THE GOVERNMENT OP PUBLIC SCHOOLS 

Rule 1 — The scholastic year shall commence on the first Mon- 
day in September, and continue until the thirtieth day of June, 
exclusive of the Christmas holidays, and shall be divided into 
three terms of thirteen weeks each. 



Rule 5 — There shall be for the present three grades of schools, 
denominated, respectively, the first, second, and third classes. 

Rule 6 — The branches taught in the third class shall be spell- 
ing, reading and writing; in the second class reading, writing, 
orthography and arithmetic ; in the first class orthography, read- 
ing, writing, arithmetic, grammar, geography and history — es- 



538 University of Texas Ballet in 

pecially that of the United States and the State of Texas, as soon 
as one of this State can be procured. 

. Rule 7 — In schools for girls, whenever practicable, two half 
days in each week shall be devoted to teaching needle work, the 
teacher to have authority to name the days. 



Rule 9 — Any person applying for an office, or desiring to be- 
come a teacher in this department, must be well endorsed, and 
possess the following qualifications: First, a good moral charac- 
ter; second, competency; third, temperate habits; fourth, belief 
in a Supreme Being. 

Rule 10 — It shall be the duty of each supervisor to examine 
any person making application for an examination as teacher 
for either a public or private school in his judicial district, and 
if such person pass a satisfactory examination the supervisor 
shall issue to the applicant a certificate stating the class he or 
she may be qualified to teach 



Rule 14 — The Superintendent shall have authority to order 
any teacher of a Public Free School in this State before the board 
of examiners at Austin, Texas, or before such other authority, for 
examination, as may be designated by the Superintendent. 



Rule 17 — Principals of schools, colleges, etc., shall subscribe to 
the following oath of office: "I do solemnly swear (or affirm) 
that I will honestly and faithfully support the constitution and 
laws of the United States, and of the State of Texas ; that I will 
endeavor to inculcate in the mind of youth sentiments of patriot- 
ism and loyalty to the Government of the United States, and of 
the State of Texas, and will fully, faithfully and impartially 
perform the duties of a principal to the best of my ability, so 
help me God." The said oath to be forwarded to the office of 
the Superintendent. 

Rule 18— A teacher who holds a certificate of the third class 
shall receive for every month's labor ($75) seventy-five dollars, 
of the second class ($90) ninety dollars, and of the first class 



Education in Texas 539 

($110) one hundred and ten dollars; provided, that no teacher 
shall receive pay for a higher grade than that actually taught. 
Rule 19 — A principal shall receive for every month's labor, 
from ($115) one hundred and fifteen dollars to ($150) one hun- 
dred and fifty dollars, according to the number of schools under 
his or her direction. 



Rule 23 — The Superintendent of Public Instruction is hereby 
authorized to rent suitable rooms or houses, for temporary use, 
for the establishment of schools when and wherever he may deem 
it necessary. 



■Rule 26 — Boards of directors of school districts shall levy a 
tax of one per cent as provided for by section five of ''An act 
to organize and maintain a system of public free schools in the 
State of Texas," approved April 24, 1871; said levy to be made 
on the assessment rolls of the tax assessors of their respective 
school districts, and collected and deposited as provided in Rule 
No. 4, title III, "Boards of Directors." 



Rule 30 — The Superintendent of Public Instruction is charged 
with the duty of having the books, etc., adopted by the Board of 
Education, distributed through the State in such a way that all 
persons of scholastic age can be supplied by the first Monday 
of September, 1871. 

Rule 31 — Rule 6, Title IV, ' ' Rules for the government of pub- 
lic schools," is amended so as to read hereafter as follows, viz.; 
The branches taught in the third class shall be orthography, 
reading, penmanship, geography and primary arithmetic ; in the 
second class, orthography, reading, penmanship, higher geog- 
raphy, mental and practical arithmetic, elementary English 
grammar, and history of the United States; in the first class, 
orthography, reading, penmanship, mental and higher arithmetic, 
English grammar, English composition, modern history, physical 
geography, Constitution of the United States, and any branches 
of a higher grade that pupils may be competent to study. 



540 University of Texas Bulletin 

Rule 32 — Teachers will be permitted to teach the German, 
French and Spanish languages in the Public Schools of this State, 
provided the time so occupied shall not exceed two hours each day. 

(Rules 26-30, Inclusive were adopted by the board of Educa- 
tion June 20, and July 7, 1871 ; Rule 31, adopted Aug. 12, 1871.) 

TITLE V 

TEACHERS 



Regulation 2 — No teacher shall be permitted to teach in any 
public school in this State without a teacher's certificate issued 
by the Superintendent, or under his authority. 

Regulation 3 — No teacher shall teach a school in this State 
until he or she has subscribed to the following oath : 

"I do solemnly swear (or affirm) that I will honestly and 
faithfully support the Constitution and laws of the United States, 
and of the State of Texas; that I will endeavor to inculcate in 
the minds of youth sentiments of patriotism and loyalty, and will 
fully, faithfully and impartially perform the duties of a teacher 
to the best of my ability ; so help me God. ' ' 



Regulation 7 — Teachers will not be permitted to exercise any 
sectarian influence in their schools. 

Regulation 8 — In maintaining discipline in their schools, 
teachers are authorized to use any proper and judicious 
means to accomplish that end, and herein they will receive the 
full support of the Board of Education. 

Regulation 9 — Teachers will be held strictly accountable for 
any harsh or cruel punishment they may inflict on their pupils, 
and such punishment is forbidden. 

Regulation 10 — Those teachers who are most successful in 
preserving order and discipline among their pupils through 
kindness and good counsel, shall receive preference over all others 
in promotion. 



Education in Texas 541 

Regulation 18 — Teachers may establish night schools and use 
the school houses of their respective school districts for that pur- 
pose, but no person of scholastic age visiting such schools shall 
be excused for such reason from regular school attendance as 
provided by section six of "An act to organize and maintain a 
system of Public Free Schools in the State of Texas," approved 
April 24, 1871. 



TITLE VI 

PUPILS 



Rule 2 — No pupil shall be permitted to leave school before 
the usual time, except when sick, or on account of some pressing 
emergency of which the teacher shall be the judge. 

Rule 3 — The sickness of a pupil, or family sickness, shall be 
the only valid excuse for non-attendance at school, of the ur- 
gency of which excuse the teacher shall be the judge. 

Rule 4 — It shall not be a good excuse for a pupil to be absent 
at a regular school session for the purpose of taking music, sing- 
ing- or dancing- lessons. 



Rule 6 — Cleanliness in person and chothing is required of 
every pupil, and whenever a pupil neglects to comply with this 
rule, the teacher shall have power to suspend such pupil for not 
more than a week. 

Read, considered and adopted by the Board of Education of 
the State of Texas, May 17, 1871. 

Edmund J. Davis, 
Governor. 
William Alexander, 

Attorney General. 
J. C. DeGress, 

Superintendent Public Instruction. 1 



^Rules and Regulations for the Government of Public Free Schools 
in the State of Texas. Adopted by the Board of Education, 1871; 9-31. 



542 University of Texas Bulletin 

REPORT OF THE UNITED STATES COMMISSIONER 
OF EDUCATION 



TEXAS 

Texas, the darkest field, educationally, in the United States, at 
the close of the last report, has passed an act to organize and 
maintain a system of public free schools for the State, which was 
approved April 24, 1871. May 9, a State superintendent was 
appointed. 

How hard was the struggle for the introduction of the system, 
how violently it is opposed by its enemies, and warmly and 
strongly sustained by its friends, will appear in the accompany- 
ing papers. The governor, we are assured, is giving every aid in 
his power toward its success, recognizing the fact that education 
must underlie every permanent improvement in the State, 
whether material, social, or civil. In addition to the hostile sen- 
timent against free schools, Texas encounters, to a greater extent 
than most States, the difficulties arising from sparseness of pop- 
ulation. 1 



ABSTRACTS FROM THE OFFICIAL REPORTS OF THE SCHOOL OF- 
FICERS OF STATES, TERRITORIES, AND CITIES, WITH ADDI- 
TIONAL INFORMATION FROM VARIOUS SOURCES 



TEXAS 

Dr. B. Sears, the agent of .the trustees of the Peabody fund, in 
his report for 1870, concludes his remarks upon the condition of 
education in Texas, after stating that he had visited the State, 
and recounting some of the difficulties in securing information 
on the subject, by saying that up to that date he "had not been 
able to effect anything for schools in Texas." 

The following communication shows, as far as is now possible, 
how great a work has since been undertaken, and the vigor with 
which it is prosecuted. Several valuable school-buildings had, 

Report of the United States Bureau of Education, 1871, 14. 



Education in Texas 543 

previous to the organization of free schools, been erected by the 
aid of the Freedmen's Bureau, and thousands of colored people 
had secured some degree of elementary instruction by the aid of 
the Government, the charity of friends, and their own exertions. 
The superintendent of public instruction of the State com- 
municates the following general statement: 

"office of superintendent of public instruction, 
state of texas. 

Austin, October 28, 1871. 

' ' Dear Sir : Your favor of the 13th instant is received. 

"I regret that I am compelled to make so short and unsatis- 
factory a report of the schools in Texas. Until the present year 
we have been without any kind of an organized system. 

"Numerous school laws have been passed by the different 
legislatures, but by far the greater part of them for the purpose 
chiefly of directing the bountiful school fund into other channels 
than that of educating the youths of Texas. 

"The public free schools opened on the 4th ultimo, for the 
first time in the history of Texas ; hence I have no report for the 
scholastic year ending August 31, 1871. I send you a copy of 
the new school law, and the rules and regulations adopted by the 
board of education for the government of public free schools, 
which contain full information relative to the manner of con- 
ducting the schools. 

"As there was no superintendent for a long time previous to 
my appointment in April last, I found nothing, save the law 
passed this year by the legislature, as a nucleus upon which to 
organize a system. Owing to the vast territory of the State, 
with its poor mail facilities, I have received reports from but a 
small number of the supervisors, and it is impossible to give the 
number of school teachers and pupils in the State. I have, how- 
ever, sufficient returns to know that the system promises to be a 
success, notwithstanding the prejudice and strong opposition of 
a large portion of the people. 

' ' In the county of Travis the schools opened with 35 teachers 
and 1,779 pupils ; and in McLennan County, with 39 teachers and 
1,768 pupils. 

"No school-houses have been built by the State, but prepara- 



544 University of Texas Bulletin 

tory steps have been taken, and by the opening of the schools for 
the next scholastic year it is expected a large number of houses 
will be completed. For the present they are rented, and gen- 
erally for a nominal sum. 

"I give you a few instances of the maltreatment of teachers, 
and burning of school houses. 

"At Brenham a lady teacher of a private school attended a 
political meeting of her friends, for which the patrons of her 
school withdrew their children. 

' ' At Millican a teacher of a public school cast his vote for the 
candidate of his choice, and his school was broken up in con- 
sequence. 

"A school-house near Calvert, in which was a colored school, 
was recently burned by unknown parties ; also, a school-house in 
Collin County, and another in Houston County. Not long since 
a teacher of a colored school in Bastrop County was taken from 
his home at night, tied to a tree, and whipped near to death ; his 
school-house was also burned, and a short time since another 
teacher was whipped in the same county. 

"On the 21st instant a school house for the colored people in 
Towash Hill County was burned by unknown parties, but I am 
informed the people have already raised the money to build 
another. 

" It is with great difficulty that houses can be procured for the 
colored schools in the State, on account of the great opposition to 
the education of the blacks, and it has been even more difficult 
to find persons willing to teach such schools, as they have in all 
cases been ostracized from society. I am in hopes that the prej- 
udice will die out, but fear it will not, until the people who 
fought to keep the colored race in slavery are made to know that 
the rights of the colored people will be permanently protected 
by the strong arm of the Government. 

"The scholastic population (between six and eighteen) of this 
State, is about 235,000. The legislature has made an appro- 
priation of $504,000 for school purposes, for the scholastic year 
ending August 31, 1872, of which appropriation the sum of $450,- 
000 is for the support of teachers and employes. In addition to 
this, the levy of an ad valorem tax on all real and personal 
property has been authorized for the same year, from which the 



Education in Texas 545 

sum of $2,000,000 is anticipated, 'for the purpose of building 
school-houses and maintaining schools.' 

"The permanent school fund consists of $1,457,517 railroad 
bonds, bearing 6 per cent, interest in gold; $61,000, 6 per cent, 
registered United States bonds, and $49,000 in United States 5 
per cent bonds, together with the accumulated arrears of interest 
due by railroads; $320,367.13, 5 per cent. State bonds; $82,168.- 
82, 6 pefr cent. State bonds, the proceeds of the sale of the public 
domain of the State, and all sums arising from fines and for- 
feitures, set apart by law for school purposes. A large portion 
of the lands of the State has also been surveyed, and set apart 
for school purposes. 

"The available school fund consists of interest on the secur- 
ities above mentioned ■ one-fourth of the annual revenue derived 
from taxation; the l.per cent, tax hereafter referred to, and. the 
State annual poll-tax of $1, levied on every male person above 
twenty-one years of age. 



"To the objection of centralization which has been urged 
against this act, the answers are numerous and their force over- 
whelming : 

"1st. The almost total inaction under the law of August 13, 
1870. 

"2d. The supreme law of necessity. 

"3d. The certainty that a system adopted to an educated 
State, in which a school system had existed for years, is not suited 
to one, the population of which had been permitted to grow up 
in ignorance for thirty-five years. 

"4th. The opposition to the introduction of any free-school 
system. 

"These are only a few of the reasons that present themselves 
to every reflecting mind. As soon as better influences prevail, 
and the hearts of the people shall have been turned toward that 
education which they have neglected, it will be time enough to 



546 University of Texas Bulletin 

concede to a heartfelt interest an amount of local authority which 
has been refused to a spirit of apathy or contempt. 
"Very respectfully, your obedient servant, 

"J. C. DE GRESS, 
"Superintendent of Public Instruction, State of Texas. 

"Hon. John Eaton, Jr., 

"Commissioner of Education, Washington, D. C." 1 

TAXPAYERS' CONVENTION, 1871 
Austin, September 22-25 

On August 5, 1871, following call was issued from Austin: 
"We, the undersigned, citizens and taxpayers of the State of Texas, 
regardless of party, feeling a deep interest in State affairs, hereby 
earnestly call upon the people of every county of the State to hold 
meetings for the purpose of expressing their opinion in regard to the 
exorbitant expenditures and enormous taxes to which we are subjected. 
We would suggest that these meetings take place without loss of time, 
and that the people simultaneously elect from each and every county 
delegates to meet in convention, say at Austin, on the 22nd day of 
September next, there to express the sense of the people upon the 
above subjects, and memorialize the authorities to reduce the taxation, 
and to order a general election in conformity to the provisions of the 
constitution." This call was signed by E. M. Pease, Geo. Hancock, W. 
M. Walton, M. C. Hamilton and many others. The convention met at 
Austin on the day named. The attendance was large. Ninety-four 
counties were represented. 



At the second day's session of the convention, Governor Hamilton, 
chairman of the Committee of Twenty-One, reported verbally that in 
consequence of the immense labor before them, the committee had 
been divided into three subcommittees, and these subcommittees were 
at work and hoped to be able to make their reports on Monday morn- 
ing, the 25th. 

REPORT OF THE COMMITTEE OF TWENTY-ONE 

Austin, Texas, September 25, 1871. 
To the Hon. E. M. Pease, 

President of the Taxpayers' Convention of the People of Texas. 
Sir: The undersigned, the Committee of Twenty-One, ap- 



UMd.. 350-351. 



Education in Texas 547 

pointed by direction of your honorable body to consider and re- 
port upon business for the action of the Convention, beg leave to 
state that the general committee was subdivided, and labor al- 
lotted to each one of the subcommittees. 

"We have the honor to present the reports of the subcommittees 
as follows : 

First, a report upon violations of the constitution and laws. 

To the Hon. A. J. Hamilton, 

Chairman of General Committee of Twenty-One. 

Sir: The subcommittee appointed to take into consideration 
and report to the general committee the several violations of the 
State and Federal constitutions, and other flagrant violations of 
law by the present administration of the State government, beg 
leave to submit the following report : 

The violations of constitutions and disregard of law have been 
very frequent and are very numerous ; but frequent as they have 
been and numerous as they are, we have been unable to find a 
single one, of either class, based on an honest desire to accom- 
plish good to the people of the State, or to secure prosperity to 
the country. On the contrary, their apparent cause seems uni- 
formly to spring from one grand purpose, viz. : to concentrate 
power in the hands of one man, and to emasculate the strength 
of the citizens of Texas as a free people. 

However hopeless such a design might have appeared, and 
however little feared by the reasoning and intelligent mind eigh- 
teen months ago, yet at this day, we must confess, the scheme has 
far progressed toward consummation, and the people stand 
stripped of many of the inalienable rights of freemen, while he 
who is now clothed with these lost rights of the people gloats 
on their humiliation and congratulates himself on the possession 
of kingly power. 



3. A multitude of new offices have been created, and officers 
appointed to fill them, without the consent and against the will 
of the people. 



548 University of Texas Bulletin 

16. The executive is now enforcing the execution of a re- 
pealed law, and thereby greatly increasing the taxes demanded 
of the people, and gaining the possession and control of enor- 
mous sums of money, the distribution whereof is subject to his 
will, in connection with those about him who hold position by his 
appointment, and whose terms of office depend on his pleasure. 

(1) a. The act entitled "An act to organize and maintain a 
system of public free schools in the State of Texas." (Laws of 
1871, p. 59,) was presented to the governor for his approval 
April 12, 1871. Senate Journal, p. 748.) 

b. In absence of approval the bill so presented would become 
a law in five days, if not returned. (Constitution, General Pro- 
visions, Sec. 25.) 

c. The bill so presented was not approved, nor was it vetoed ; 
so on April 17, 1871, it became a law. 

d. Tbe fifth section of said act provides that "The directors 
of each school district shall have the authority to levy a tax not 
exceeding one per cent for the purpose of building school houses 
and maintaining schools in their respective districts. ' ' 

(2) a. The act entitled "An act to give effect to the several 
provisions of the constitution concerning taxes," (Laws of 1871, 
p. 51,) was presented to the governor for his approval on April 
20, 1871. (Senate Journal, p. 847.) 

b. Said bill was approved on April 22, and from that day be- 
came a law, five days after the first named had become a law 
under section 25 of the constitution before cited. 

c. The eighth section of the last act named provides that "A 
direct ad valorem tax, for the year 1871, of one-fourth the 
amount of the direct ad valorem State tax, on all real property 
situate, and all personal property owned in each school district in 
this State . . . shall be levied and collected to provide the neces- 
sary school houses in each district, and insure the education of all 
the scholastic inhabitants of the several districts." 

d. The 22nd section of this act repeals all laws and parts of 
laws in conflict therewith, "except such as authorize special 
county taxes and other special taxes." 

e. Section 5 of the first law and section 8 of the last law are 
in conflict, or, at least, the one supplies the other, both being in- 



Education in Texas 549 

tended to raise a fund by taxation for one and the same iden- 
tical purpose. 

f . The repealing clause repeals section 5 of the act first named, 
and thereby reduced taxation for school house purposes from one 
per cent to one-eighth of one per cent. 

But, notwithstanding the record shows the foregoing facts, yet 
the governor appended his approval to the law first named on the 
24th day of April, 1871 — seven days after it had become a law, 
and thus of his own will sought to change the dates of laws, and 
to give them force and effect in a reversed manner, and by his 
signature to revive a law which had been repealed. 

This repealed law is now being enforced and under its pro- 
visions a tax of seven-eighths of one per cent on all the property 
in the State of Texas, real and personal, sought to be collected. 



Second, the report of the subcommittee on Taxes and the re- 
port of the Committee on Statistics, appointed by order of the 
Convention, which, for convenience, have been consolidated, is 
as follows : 



We find that the cost of the legislature of 1857 was $159,760; 
that of 1866 was $167,000; that of 1870, $307,000; and that of 
1871, $285,000, exclusive of the expenses of the adjourned ses- 
sion, which will probably be several hundred thousand dollars 
more, while the number of members, the per diem and mileage 
were the same for that of 1866 as for the legislature of 1870 
and 1871. 

"We find that the ad valorem tax upon property in the years 
1858 and 1859 was for the State one-eighth of one per cent. ; for 
the county one-half of that rate. 

In 1866, the rate of taxation was increased, for the State to 
fifteen cents on each hundred dollars, and for county purposes, 
not exceeding one-half of that rate. The legislature of 1871 in- 
creased the taxes as follows, viz. : 

Ad valorem State tax upon property, one-fourth of which is 
for schools, one-half of one per cent. ; ad valorem county tax, 
one-quarter of one per cent. ; ad valorem road and bridge tax, 



550 University of Texas Bulletin 

one-quarter of one per cent. ; ad valorem tax for school houses, 
one-eighth of one per cent. ; tax for building school houses and 
maintaining schools, one per cent. ; a poll tax of one dollar for 
schools; a poll tax of one dollar for roads and bridges; besides 
the occupation and license taxes, and the tax for the frontier 
bonds, which is understood to have been fixed by the comptroller 
at five cents on each hundred dollars, from which it will be seen 
that our present rate of taxation for State and county purposes 
is about two dollars and seventeen and a half cents ($2.17 1 /o) 
on each hundred dollars, besides the poll tax and occupation tax 
and license taxes. 

The following is an estimate of the taxes levied from the people 
the present year. The estimated value of the property subject 
to taxation is $212,000,000 : 

One-half of one per cent, on above as ad valorem 

State tax, will produce $1,060,000 

One-quarter of one per cent, ad valorem county tax . 530,000 

One-quarter of one per cent, ad valorem bridge tax. 530,000 
One-eighth of one per cent., as one-quarter of State 

tax for school purposes 265,000 

One-half of one per cent, as tax to pay frontier bonds 106,000 

One per cent, tax for school house purposes, etc 2,120,000 

Poll tax for roads and bridges, estimated 150,000 

Poll tax for schools, estimated 150,000 

License and occupation for State, estimated 300,000 

License and occupation for county, estimated 150,000 



$5,361,000 



In addition to the above, each taxpayer has to pay for the com- 
mission for assessing his ad valorem tax, which it is supposed will 
amount to about three per cent, on his ad valorem tax. 

Your committee believe, from the best examination they have 
been able to give the subject, that the expenses of the govern- 
ment and the present rate of taxation are excessive. They think 
the ordinary annual expenses of the government should not ex- 
ceed $695,000. They believe that an ad valorem tax of one-third 
of one per cent, for the State, and one-sixth of one per cent for 



Education in Texas 551 

the counties, with the present poll taxes and license and occupa- 
tion taxes, will produce an amount of revenue ample to meet all 
necessary expenses, besides affording a liberal amount for public 
schools, and still leave a surplus in the Treasury. 

An ad valorem tax of one-third of one per cent, 
upon $212,000,000, the estimated value of 
property in the State, will produce $ 706,666.66 

Estimate of license and occupation tax 300,000.00 

$ 1,006,666.6ft 
Deduct one-quarter, set apart by constitution for 

schools 251,666.6© 

Leaves for ordinary expenses $ 755,000.00 

There will then be applicable for public schools, 

the above one-quarter 251,666.66 

Poll tax of one dollar, estimated 150,000.00 

Annual interest on railroad bonds 

in Treasury belonging to school fund 136,431.00 

This gives annually for public schools $ 538,097.66 

A county tax of one-sixth of one per cent, on 

$212,000,000 will produce 353,333.33 

License and occupation tax, one-half that for 

State 150,000.00 

Poll tax for roads and bridges, estimated 150,000.00 

This gives for county purposes $ 653,333.33 

The expenses for the building of school houses should be levied 
by the citizens of each school district on property situated in 
the district. 

In conclusion, your committee recommend the adoption of the 
following resolutions : 

Resolved, 1. That the present rates of taxation are greatly in 
excess of the legitimate and necessary wants of the government. 

2. That the legislature now in session be, and they are hereby 
requested by this Convention, as the representatives of the tax- 
payers and citizens of the State, to revise and remodel the tax 



552 University of Texas Bulletin 

laws so as to levy in lieu of all other direct ad valorem taxes, only 
one-third of one per cent on all real and personal property, not 
exempt from taxation, for State purposes, and not exceeding one- 
half of that rate for county purposes. The constitutional rate for 
school purposes to be taken from the amount thus levied for State 
purposes. 

3. That a copy of these resolutions and accompanying report 
on statistics be sent, duly authenticated, to the legislature now 
in session as a request to the said honorable body, that they will 
consider and act on the foregoing resolution. 

C. Upson, 
Chairman Subcommittee. 

In connection with these reports and resolutions, we recom- 
mend the adoption of the following preamble and resolutions: 

In view of the foregoing facts, showing the infractions of the 
constitution and laws of the State, and in view of the extraordi- 
nary expenditures proposed by the authorities and legislature of 
the State, and consequent burden of taxation levied upon the 
people to meet such expenditures, and in consequence of the 
violations of the rights and interests of the people, as are clearly 
shown to exist in the enactments of the legislature, and in the 
exercise of unlawful and august powers assumed by the governor 
of the State, therefore, be it 

Resolved, by the representatives of the people of Texas, in 
convention assembled : 

1. That a committee of seven be appointed by the President 
of this Convention, whose duty it shall be to embody the action 
of this Convention and confer with the legislature and ask from 
that body a redress of the grievances of which the people of the 
State complain. 

2. That this Convention declare to the people of the State 
(having taken competent legal advice thereon) that the order of 
the superintendent of schools for the collection of one per cent 
for the building of school houses, etc., is illegal and void, and we 
advise the people not to pay the same, but only to pay the one- 
eighth of one per cent, as levied by the legislature. 1 

^his tax was declared unconstitutional by the Commissioners of 
Appeals, May 6, 1881. The Texas Late Journal, Vol. IV, June 22, 1881, 
648. 



Education in Texas 553 



The committee recommend the adoption of the following 
resolutions : 

Resolved, 1. That while we are assembled here from every 
part of this great State, to protest to mankind against the griev- 
ous wrong under which the people are now laboring, we do at the 
same time solemnly and earnestly deprecate all violations of law 
and order, whether committed by bodies of men calling them- 
selves by one-name or another, or called by others by any name 
whatever. 

2. That we recognize the right of every person in the State, 
without regard to race or previous condition, to equal civil and 
political rights under the law, and to have protection for his life, 
liberty, and property. That we are in favor of paying all lawful 
and reasonable taxes for the establishment of public free schools, 
and to carry on the government; but, at the same time, we rec- 
ommend to the people that they do not pay such portions of the 
tax now demanded as we here show to be illegal. 

3. That we solemnly appeal to the deliberate judgment of the 
civilized world, and especially to that portion believing in the 
principles of republican government, for their support and aid 
in our protest. 

All of which is respectfully submitted. 

A. J. Hamilton, Chairman. 

On motion, the report of the committee was adopted, when the 
resolutions thereto attached were taken up seriatim and adopted 
by the Convention. 

Committee of Seven to memorialize the Legislature : W. M. 
Walton, John Ireland, J. W. Throckmorton, J. T. Harcourt, M. 
C. Hamilton, A. J. Hamilton, and C. S. West. 1 

COMPULSORY FEATURE IN THE 
RADICAL SCHOOL LAW 

Those who heard Judge Hancock in his speech at Barton's 
Spring, on the 1st inst., will remember with what clearness and 



1 Winkler, E. W. Platforms of Political Parties in Texas, 128-140; Pro- 
ceedings of the Taxpayers' Convention of the State of Texas held at 
the City of Austin, Sept. 22d and 23rd and 25th, 1871. 



554 University of Texas Bulletin 

force he brought to view this odious and tyrannical feature in 
the Radical School law, and declared it against common right — a 
plain usurpation by Government of the natural rights of parents 
in relation to their children, etc. 

It now appears that the views of Judge Hancock, our can- 
didate for Congress, upon this point accords precisely with the 
decision of the Supreme Court of Illinois, and rests upon a solid 
principle, without which free government and personal liberty 
cannot exist. 

In speaking of this subject, our able contemporary, the Colum- 
bus (Miss.) Democrat, says: 

"The Supreme Court of Illinois recently dealt a very whole- 
some blow at one of the most favorite schemes of a certain class 
of reformers. The decision it rendered was upon the question 
whether the Legislature possessed the right to establish a reform 
school and provide for the summary commitment to it of chil- 
dren who 'are destitute of proper parental care, and growing 
up in mendicancy, ignorance, idleness or vice.' It denied the 
right, and maintained that its existence would be unconstitu- 
tional and subversive of the principles of republican institu- 
tions; that parents were the legal and proper guardians of chil- 
dren, and that their right over the children was superior to the 
State. A writer in the American Law Register commends this 
decision in the strongest terms, and says, 'there can be no ques- 
tion, it is a every creditable advance in favor of liberty, among 
the children of white parents, as well as those of a more sombre 
hue. All classes of men, and women too, under it, may keep 
their own children at home and educate them in their own way. ' 

"The idea that it is the right and duty of the State to enforce 
education by taking children from their parents is the legitimate 
result of the views which gave rise to the common school system. 
The latter have no more ground to rest upon, either in reason, or 
a constitutional government, than the former. And while the 
decision of the Illinois court may be a 'creditable advance in 
favor of liberty,' a complete overthrow of the whole plan by 
which the State is converted into an agent for educating the 
masses would be a vindication of the principles of enlightened 
progress as we find them developed in a wise and beneficent 
philosophy. 



Education in Texas 555 

The class of reformers who are endeavoring to make of society 
a huge machine, with the crank at the seat of government, are 
simply adopting the exploded theories of another age. Under 
their system every grade and every class would be compelled to 
look to the central power for that which they should find in 
their own brain and muscle, and as a consequence universal 
stagnancy and retrogression would take the place of progress and 
improvement. Their views have taken hold of a large portion of 
the people of this country — indeed the Black Republican party 
in enforcing the common school system at the South, have car- 
ried them into full practice — and if something is not done to 
counteract their baleful effects we may calculate with safety 
upon a dreary future." 

The incompatibility of this tyrannical and barbarous feature 
of the Radical school system, with true liberty, is so obvious as 
hardly to have escaped the attention of its authors; but we pre- 
sume it was adopted for that very reason. It was framed as a 
means of buying votes to keep the party in power, for it provided 
salaries for many thousands of officials, to be paid by taxation of 
the people who are to be subjugated by its operation to the will 
of these unscrupulous tyrants. The more the subject is con- 
sidered, the more glaring will its iniquities appear. Now, be- 
lieving that this compulsory part of the law is destruction of 
vested rights and void, we hope our citizens may refuse to ac- 
quiesce in its enforcement until this question shall be determined 
by the court of final resort in the country. If our rights and 
liberties are not worth this struggle, they are not worth having. 
Here is opened to the patriotic and aspiring sons of the law a 
glorious field for the display of their learning and eloquence. In 
some sense, the lawyers of a State are responsible for the good 
and legal government of the people. Their aid is now loudly 
called for. In the glowing language of Judge Bledsoe of Ken- 
tucky, more than forty years ago : 

"Even one great and good lawyer and statesman is a blessing 
to his country. His goings forth resemble a messenger from 
Heaven — beautiful as the morning to the sons and daughters of 
affliction, but to the oppressor 'terrible as an army with ban- 
ners.' ,n 



l The Democratic Statesman, August 22, 1871. 

/ 



556 University of Texas Bulletin 

SENATOR M. C. HAMILTON ON THE 
FREE SCHOOL SYSTEM 

We do not object to the Free School system in some form, but 
that the administration should use it as a political machine for 
the advancement of Republican influence is only another example 
of that corruption, which seems the inevitable accompaniment 
of all their measures. 

We copy from an article written by Senator Hamilton upon 
this subject, the following: 

"The 'Board of Education' seem to think it desirable to ex- 
pend two and a half or three millions of dollars in a single year 
to build schoolhouses, when one-twentieth of that sum would 
meet the wants of the several districts for the present. Tb 
enormous sum must be wrung from an already overtaxed people, 
that the present authorities may, in after years, have the credit 
of having not only organized the public school system, but pur- 
chased sites in the several school districts, and completed hand- 
some and substantial structures for the accommodation of all 
the scholastic population. This is the pretense — while the great 
army of needless functionaries quartered upon the school fund 
are literally swarming all over the State engaged in manipulating 
county meetings, and packing nominating conventions, and other 
political jobbery. The people feel disinclined to trust such men 
with so large a sum of money. They have no confidence in the 
judgment of such men, and little more in their integrity. . 

"What other community, whether wealthy or otherwise, ever 
undertook or thought of undertaking the completion of such a 
work as the establishment of a public school system, with all the 
necessary buildings, furniture, fixtures, and books, in a single 
year ? Why, it has been the work of two generations in many of 
the wealthiest States of the North and West. These are now 
getting up good schoolhouses generally, though the work is not 
finished. If we shall have our system, schoolhouses included, in 
even tolerable condition, within the next ten, or even twenty 
years, we shall have reason to congratulate ourselves. It is not 
a work that can be accomplished in a day. It is not desirable, in 
fact, that it should be, even could the means be raised without 
oppressing the people. -The system should grow up, as all sys- 
tems have done that have outlived their organization. No sue- 



Education in Texas 557 

cessful individual or government ever prosecuted any enterprise 
in so injudicious a manner as is now proposed in regard to the 
school system of this State. Neither the United States nor any 
other government ever contemplates, as a rule, the completion of 
great works in a day, or a year, however easy it may be to raise 
the necessary funds. Many of the public buildings, docks, ar- 
senals, forts and other public works, are on hand for many 
years, small appropriations being made from year to year as the 
work progresses. 

The design of collecting from an unthrifty people in a single 
year, in the face of a blighted harvest, so large a sum of money 
to be disbursed by the board of education, when the labor of the 
inhabitants in the several school districts might supply the needed 
buildings, for school purposes just as well, has engendered a 
strong suspicion of the ability, if not the good intentions, of the 
supervisor. His appointments, notoriously made to influence 
political results and their active employment under his direct 
supervision in the dirty work, as well as the characters of many 
of the appointees, so far from relieving him from that suspicion, 
only serves to strengthen it. He and his staff have been the 
chief architects in shaping the resolutions complimenting them- 
selves and the Governor, at Houston and New Braunfels, and 
placing in nomination for Congress in the third district a can- 
didate distasteful to the party. 1 

THE DEMOCRATIC PARTY AND PUBLIC 
FREE SCHOOLS 

"The Democratic party of this State i,s now clearly pledged to break 
down the free public schools of the State if they can." 

The author of the foregoing paragraph, knew when he penned 
it that it was not only false, but slanderous. The Democratic 
party is not pledged to break down the free public schools, but 
it is pledged to break down the infamously corrupt system 
adopted by Radical thieves and public plunderers, by which the 
money paid by our citizens to educate the children of this State 
is diverted from its legitimate purposes, and is now used to keep 
thousands of imaginary officials in place. The munificent fund 



x TUe Democratic Statesman, October 10, 1871. 



558 ('Diversity of Texas Bulletin 

provided by the Constitution and laws for public free school pur- 
poses is ample to educate every child in the State, if properly and 
economically expended. The Governor, Attorney General, and 
Superintendent of Public Instruction, were appointed a board 
to adopt rules and regulations for putting the schools into opera- 
tion. Under this general authority, they published a code of 
laws that was obnoxious to the people in every portion of the 
State. These laws were condemned by parents and school pa- 
trons everywhere, as not calculated to accomplish the objects 
contemplated by the originators of the free public school idea. 
Hundreds of thousands of dollars are used to subsidize the Rad- 
ical press and to pay officers created only for partisan political 
purposes, and wholly unnecessary to the proper application of 
the school fund. A course of study is prescribed which was in- 
tended, surreptitiously, to instill into the minds of the children of 
Texas the infamies of Radicalism. This wicked purpose was 
deliberately devised to prevent the great mass of the white 
people from a participation in the benefits of this fund, and 
then heavy penalties are prescribed for failing to send children 
to these political schools. The cry of indignation raised in every 
quarter, has caused a partial modification of some of the more 
odious features of these rules, but the system as now being forced 
on the country, does not meet with favor by the tax-payers, who 
furnished the school money ; and they are compelled to send 
their children to other than the public schools. 

Then, too, a fraudulent attempt is being made to extort a tax 
of one per cent., ad valorem, on all property of the State, osten- 
sibly to build school houses, but really to furnish chicken pie to 
the Radical official press, when there is no law in force author- 
izing such a tax. The fraudulent attempt of the Governor, by 
wrongfully dating his approval of the Tax and School Bills, to 
give validity to this repealed law, has so often been exposed that 
it cannot impose on any one at this time, and the people very 
properly refused to pay this so-called tax. If this be treason, 
make the most of it. If this will "lead to revolution and a 
second reconstruction," as predicted by the Union, then we say 
to the experienced writer for the Union, in getting up revolu- 
tion, to begin his revolt, for this school-house tax fraud will not 
be acquiesced in by the tax-paying people of Texas. 



Education in Texas 559 

It is these wrongs and this oppressive system that the Demo- 
cratic party is pledged to break up, and not the schools. We 
want a system adopted that will be just, fair, economical, and 
that will commend itself to those interested in its success. All 
the children of the State can be educated by this school fund, 
and the Democratic party when in power will see to it that it 
is done. 1 

REPUBLICAN STATE CONVENTION, 1872 

Houston, May 14-16 

The rupture in the ranks of the National Republican party caused the 
leaders of the party in Texas to lay great emphasis on the necessity for 
harmony. The call for a convention was issued early; among the ob- 
jects of the meeting was specified a thorough reorganization of the 
party. The attendance was about three hundred and fifty delegates. 



PLATFORM 

"Whereas, The Republican party of the United States is about 
to appeal once more to the Nation for the support of its principles 
in the coming presidential election; and 

Whereas, The election in this State in November next will de- 
cide whether or not the Democratic party, with its prejudices 
against the equal rights of men and against popular education, 
is to be restored to power in Texas : 

Therefore, the Republicans of Texas, in convention assembled, 
do now make the following declaration of their principles as a 
party : 



5. The Republican party in Texas regard the free education 
of all the children of Texas as a sacred duty, the first and most 
sacred of all our public duties j and we hereby pledge ourselves 
to secure to the children of all the facilities of free public edu- 
cation at the smallest cost possible to the people; and we will 



x The Democratic Statesman, November 18, 1871. 



560 University of Texas Bullet in 

hedge the system of public education with all possible safeguards, 
endeavoring to secure the most rigid economy and the best ad- 
ministrative experience. Free public schools shall ever be the 
dearest motto of the Republicans of Texas. 1 

DEMOCRATIC STATE CONVENTION, 1872 

Corsicana, June 17-19 

In the call for a S'tate convention the Democratic executive committee 
pointed out that the meeting would be the most important that per- 
haps had ever assembled in Texas since, on the wisdom of its counsels 
and the harmony to be established will depend the future success of 
the Democracy of Texas 



PLATFORM 

We, the Democrats of the State of Texas, in convention as- 
sembled, deem it proper to announce our opinions and purposes 
in the present critical condition of public affairs. It is, therefore, 

Resolved, 



9. Whereas, The school fund, sacredly set apart for the edu- 
cation of the children of this State, has, under the political mis- 
rule of the last two years, been plundered by speculation, squan- 
dered, and perverted to political purposes: The Democratic 
party deem it fitting on this occasion to reaffirm the opinion that 
agreeably to the policy the party has hitherto pursued, it is the 
duty of the State to establish common schools and furnish the 
means of a good common school education to every child in the 
State. 2 



1 Winkler, E. W. Platforms of Political Parties in Texas, 140-143;. 

The Nueces Valley, May 25 and June 1 and 8, 1872. 

2 IUcl., 143-147; 

The Daily Telegraph (Houston), June 18-20 and 25; 

The State Gazette (Austin), June 26. 



Education in Texas 561 

AN ACT TO SET APART ONE-HALF OF THE PUBLIC DOMAIN 
FOR THE SUPPORT AND MAINTENANCE OF PUBLIC SCHOOLS 

Section 1. Be it enacted by the Legislature of the State of 
Texas, That one-half of the public domain of the State of Texas, 
or so much thereof as can be, is set apart and appropriated for 
the support and maintenance of public schools of this State, in 
the following manner, to-wit: That all land certificates here- 
tofore issued, as well as those hereafter issued, to any railroad 
company, or other corporation of any nature whatever, for in- 
ternal improvements or any other object ; or any lands hereafter 
granted in any manner to any of said companies or corporations 
for any such object, shall be located and surveyed in alternate 
sections of six hundred and forty (640) acres each, and as di- 
rected by an art entitled "An act to encourage the construction 
of railroads in Texas by donation of lands," approved January 
30, 1854, and other laws amendatory of or supplementary there- 
to ; and the even numbers of sections and fractional sections 
thus located and surveyed, shall be, so soon as surveyed and 
designated in the manner prescribed by said laws, held and con- 
sidered for all purposes to be set apart and appropriated for the 
support and maintenance of public schools of this State, and 
shall constitute a part of the ' ' public school fund ; ' ' and that the 
alternate sections and fractional sections reserved, set apart and 
appropriated as aforesaid, shall not be subject to location, set- 
tlement or survey of any homestead, pre-emption, or other claim 
whatever ; provided, that owners of valid headright certificates, 
bounty land warrants, or other valid claims, shall not be re- 
quired to locate and survey them in alternate sections as here 
prescribed; but in all cases they shall respect and not interfere 
with the alternate sections of land set apart and appropriated 
as aforesaid. 

Seo. 2. That this act take effect and be in force from and 
after its passage. 

Approved March 18, 1873. 1 



^General Laws of Texas, 15-16. 



562 University of Texas Bulletin 

AN ACT TO ESTABLISH AND MAINTAIN A SYSTEM OF PUBLIC 
FREE SCHOOLS IN THE STATE OF TEXAS 

Section 1. Be it enacted by the Legislature of tlie State of 
Texas, Tliat at the next general election to be held in this State, 
and every four years thereafter, there shall be elected by the 
qualified electors of the State, a Superintendent of Public In- 
struction, who shall hold his office for the term of four years, 
and until his successor is duly elected and qualified. In case of 
vacancy in the office of Superintendent of Public Instruction, it 
shall be filled by appointment of the Governor, to be confirmed 
by the Senate, until the next general election. 

Sec. 2. Before entering upon his duties, he shall take and 
subscribe the oath of office prescribed by the Constitution, and 
shall also execute a bond in the penalty of fifty thousand dollars, 
payable to the State of Texas, with securities to be approved by 
the Governor, conditioned for the prompt discharge of his duties 
as Superintendent of Public Instruction, and for the faithful 
application and disposition, according to law, of all school mon- 
eys that may come into his hands, or be subject to his order by 
virtue of his office; said bond and oath shall be deposited with 
the Secretary of State, and an action may be maintained thereon 
by the State at any time for a breach of the conditions thereof, 
and said superintendent shall be subject to impeachment, trial, 
punishment and removal from office as other State officers. He 
shall also be removed by the Governor on the address of two- 
thirds of the members elected to each house of the Legislature, 
for the same causes and in the same mode as affect judges of the 
Supreme and District Courts. 

Sec. 3. It shall be his duty to keep an office at the seat of 
government of the State, in some of the public buildings belong- 
ing thereto, and to file all papers, reports and public documents 
transmitted to him by the school officers of the several counties 
each year, separately, and to keep and preserve all the public 
documents, books and papers relative to schools, coming into his 
hands as Superintendent of Public Instruction, and to hold the 
same in readiness to be exhibited to the Governor, or to any com- 
mittee of either house of the Legislature, and shall keep a fair 
and correct record of all matters pertaining to the business of 
his office, and shall turn over to his successor said office, together 



Education in Texas 563 

with all the records, books, archives, and documents that have 
come into his possession. 

Sec. 4. He shall counsel and advise, in such manner as he 
may deem advisable, with experienced and practical school 
teachers, as to the best manner of conducting public free schools. 

Seo. 5. Said Superintendent of Public Instruction shall have 
the supervision of all the public free schools in the State, and 
shall be the general adviser and assistant of county superintend- 
ents of schools in this State. He shall, from time to time, as he 
shall deem for the interest of schools, address circular letters to 
said county superintendents, giving advice as to the best manner 
of conducting schools, constructing school houses, furnishing the 
same, examining and procuring competent teachers. 

Sec. 6. The Superintendent of Public Instruction shall, on or 
before the first day of December preceding each regular session 
of the Legislature, report to the Governor the condition of the 
schools in the several counties of the State, the whole number 
of the schools which have been taught in each county in the cur- 
rent year, the number of pupils in attendance at said schools, 
the number of persons in each county over six and under eigh- 
teen years of age, the amount of interest of the public school 
fund and of the county fund annually paid out, the amount 
raised by an ad valorem tax, the whole amount annually ex- 
pended for schools, the number of school houses, their kind and 
condition, the number and description of books and apparatus 
purchased for the use of schools and school libraries under the 
provisions of this act, and the number and condition of the li- 
braries, together with such other information and suggestions as 
he may deem important in relation to the school laws, schools, 
and the means of promoting education throughout the State, 
which report shall be laid before the Legislature the first week 
of each regular session. Whenever said reports are ordered pub- 
lished the State Printer shall furnish two thousand (2000) 
pamphlet copies, and deliver them to the Superintendent of 
Public Instruction, who shall deposit twenty copies in the State 
Library, furnish one copy to each county superintendent, to be 
held by him as public property, and delivered to his successor in 
office; one copy shall be sent to the State Library of each State 
and Territory, and the remaining copies be sent to the boards of 



564 * University of Texas Bulletin 

school directors of each county for distribution among the trus- 
tees and teachers. 

Seo. 7. The Superintendent of Public Instruction shall fur- 
nish to the county superintendent all forms, blanks, etc., as he 
shall deem necessary in making reports, and for any other uses 
of the public free schools, including certificates for teachers. He 
shall also cause to be printed by the State Printer, in pamphlet 
form, all school laws, regulations, and forms for making reports, 
etc., for distribution to the county superintendents, teachers, 
and trustees. 

Sec. 8. Said Superintendent of Public Instruction shall have 
power to direct and cause the county superintendents of any 
county, directors, or other school officers, to withhold from any 
officer or teacher any part of the public school or other school 
fund, until such officer or teacher shall have made all schedules, 
reports and returns required of him by this act, and until officer 
shall have executed and filed all official bonds, and accounted for 
all public school or other school funds which have come into his 
hands, as required of him by this act. 

Sec. 9. It shall be the duty of the Superintendent of Public 
Instruction, upon the receipt of the reports of the State Comp- 
troller, as required in this act, to apportion to the counties the 
amount of the school fund to be apportioned to each county, and 
furnish an abstract of such apportionment to each county treas- 
urer, county superintendent and the State Comptroller, and 
shall draw his order on the Comptroller, in favor of each county 
treasurer, for the amount of school fund to which each county is 
entitled, and shall take each treasurer 's receipt for the same. 

Sec. 10. The Superintendent of Public Instruction shall per- 
form all other duties required of him by the Constitution, and 
shall receive an annual salary of three thousand dollars ($3000), 
and all necessary contingent expenses for books, postage, and 
stationery pertaining to his office. He shall be allowed one clerk, 
at a salary of one thousand eight hundred dollars ($1800) per 
annum. 

Sec. 11. (Omitted). 

Sec. 12. (Omitted). 

Sec. 13. At the first general election, and every four years 
thereafter, there shall be elected in each and every county in the 



Education in Texas 565 

State, five school directors, one of whom shall reside in each mag- 
istrate's precinct, who shall hold their offices until their succes- 
sors are elected, and they shall constitute the county board of 
school directors; and should a vacancy occur in said board of 
directors, it may be filled by election. They shall elect from them- 
selves a president, and the sessions of said board shall be at the 
county seat, and he shall be ex-officio county superintendent of 
public instruction ; and the county boards of directors, now act- 
ing in the several counties, shall perform the duties of the county 
boards of directors provided for in this section, until the first 
general election ; and where such school directors have resigned, 
or declined to serve, the County Court shall appoint their suc- 
cessors until the next general election, one to reside in each mag- 
istrate's precinct, as required by this act. 

Sec. 14. The county board of directors shall divide their re- 
spective counties into school districts of convenient size, and 
number the same, and they shall so arrange them that every 
school district shall be wholly within some one magistrate's; 
and said county board of directors shall order elections in each 
school district, for a board of school trustees, as hereinafter pro- 
vided. 

Sec. 15. On the last Saturday of each month, the county su- 
perintendent shall meet all persons desirous of passing an exam- 
ination for a certificate to teach, in some suitable room provided 
for that purpose, at the county seat, at which time he shall exam- 
ine all such applicants as to his or her competency and ability 
to teach orthography, reading in English, writing, arithmetic, 
geography, English grammar, history of the United States, prac- 
tical physiology and the laws of health; and no person shall be 
entitled to a certificate unless he or she is of good moral character, 
and is well qualified to teach the above named branches; and 
as compensation for such service, he shall be allowed to charge 
each applicant the sum of three ($3) dollars for such examina- 
tion. 

Sec. 16. On or before the first Monday of November, before 
each regular session of the Legislature, county superintendents 
shall communicate to the Superintendent of Public Instruction 
all such information and statistics upon the subject of schools in 
their counties, as the said Superintendent of Public Instruction 



566 University of Texas Bulletin 

is bound to embody in his report to the Governor, and such other 
information as said Superintendent of Public Instruction shall 
require; and any county superintendent so failing or refusing 
to report shall be liable to removal by the County Court for such 
neglect of duty. 

Sec. 17. The county superintendent may, when the conven- 
ience of the scholastic population requires it, allow such scholas- 
tic population to attend the schools in the adjoining districts; 
and for this purpose may, when necessary, establish schools near 
the line of adjoining districts, for the benefit of the scholastic pop- 
ulation living remote from the schools in their respective dis- 
tricts; provided, that any parent or guardian shall have the 
right to send his, her, or their child or children to any school in 
any other district or county than that in which such parent or 
guardian may reside, and shall be entitled to the same school 
fund to which he, she or they are entitled in the district or 
county of their residence ; and the transfer of such child or chil- 
dren, as above authorized, shall not change the place of their 
enumeration. 

Seo. 18. County boards of directors shall define the course of 
study in the public schools in their respective counties, and direct 
the class and kind of school books and apparatus to be used 
therein ; and shall prescribe the duties of the trustees and teach- 
ers, not inconsistent with the Constitution and laws of the State 
and United States. 

Sec. 19. The county board of directors may be called together 
by the president of the board whenever there is business for said 
board, and they shall be allowed four dollars each per day for 
every whole day so employed; provided, that the whole number 
of days so employed during the first year shall not exceed twenty 
days ; and thereafter they shall not be so employed exceeding ten 
days in any one year; and the county superintendent shall be 
allowed four dollars per day for every whole day actually em- 
ployed as county superintendent, other than examining teachers; 
provided, that he shall not receive such pay for over thirty days 
in any one year. Accounts of county superintendents and school 
directors for services rendered, shall be itemized and sworn to by 
the party interested, and shall be paid by the county treasurer, 
upon the order or warrant of the Superintendent of Public In- 



Education in Texas 567 

struction, out of the public school fund appropriated to the 
county. 

Sec. 20. On the first Tuesday of September of each year there 
shall be elected, by the qualified voters in each school district in 
the State, three trustees, who shall hold their office for one year, 
and until their successors are elected and qualified. Ten days' 
notice of the election for trustees shall be given, which notice 
shall be posted in at least three public places in the district, and 
shall specify the place where the election is to be held, and the 
time of opening and closing the polls ; and said election shall be 
held between ten o'clock A. M. and four o'clock P. M. Should no 
election be held, or should there be a vacancy for any cause, the 
county board of directors shall appoint the trustees until the 
next election; said three trustees shall constitute the board of 
trustees for the school district, and shall select from themselves 
a president. 

Sec. 21. (Omitted). 

Sec. 22. The board of school directors of each county shall 
require of the trustees of each school district, immediately after 
their election, to take the scholastic population of the district, 
making separate lists of the white and colored children. Said 
board shall also require said trustees to provide the necessary 
schools and school houses for the scholastic population of the re- 
spective districts, separating the children, and so arranging the 
schools and school houses that good order, peace and harmony 
may be maintained in the schools. \ Said trustees shall employ 
competent teachers for all the schools in their respective districts, 
and see that the schools are taught and properly conducted for 
at least four months in the year ; provided, the free schools may 
continue for a longer period than four months, if the amount of 
the school fund is sufficient, or if the citizens of the district, or 
sub-district, by payment of tuition or subscription, will supply 
the deficiency ; and if the income derived from the public school 
fund apportioned to the school district shall in any district not 
be sufficient for this purpose, the board of directors shall levy 
an ad valorem tax upon all taxable property in said district, suf- 
ficient to supply the deficiency. 

Sec. 23. An ad valorem tax for the scholastic year commenc- 
ing September 1, 1873, of twenty-five cents upon each one hun- 



568 University of Texas Bulletin 

dred dollars of taxable property, is hereby levied for the purpose 
of building and repairing- school houses, which shall be collected 
in the same manner as other taxes are collected, in the several 
school districts of the several counties; provided, that this tax, 
or any portion thereof, may be relinquished (before collection) 
to the tax payers of any district by the board of directors, upon 
information from the board of trustees of said district that no 
such tax is necessary; and provided further, that the tax herein 
provided for shall not go into the public school fund, but shall 
be expended in the district in which it may be collected; and 
provided further, that no district shall be taxed for the building 
and repairing of school houses situated in any other district ; 
and provided further, that this tax shall not be collected in any 
district wherein no public free school is established or proposed 
to be established. 
•Sec. 24. (Omitted). 

Sec. 25. No person shall be employed as a teacher in the pub- 
lic schools unless he or she holds a certificate from the county 
superintendent to the effect that he or she is a person of good 
moral character, and qualified to teach orthography, reading in 
English, penmanship, arithmetic, English grammar, modern 
geography, history of the United States ; provided, nothing in 
this act shall be so construed as to prohibit instruction in the 
German, French, Spanish, or any other language. 

Sec. 26. Every teacher of a public free school shall keep a 
record of the names of students attending school, their age, dis- 
trict in which they live, daily attendance, the names of parents 
or guardians, and shall make a monthly report on the last Friday 
in each month of the number of students and daily attendance 
during that month, and forward it to the county superintendent 
at the end of the four months required by law to be taught. He 
or she shall make a report to the county superintendent, em- 
bracing all the information required to be kept on his record, 
including the number of days each student has been present in 
school; and when the school taught embraces scholastic popula- 
tion from two or more school districts, the teacher shall make a 
separate report for each school district. He shall teach every 
day (Saturdays and Sundays excepted) as many as six hours, 
excluding hours of recreation. 



Education in Texas 569 

Sec. 27. All the scholastic population of the State shall be 
required to attend the public free schools at least four months in 
each year, unless prevented by ill health, feeble physical con- 
stitution, or by reason of danger from hostile Indians, or by the 
prevalence of any contagious or infectious disease. And no 
child under ten years of age shall be compelled to attend the 
public free schools, when there is no school established within 
one mile of the residence of said child, and no child shall be so 
required unless there is a school within two miles ; provided, that 
when any of the scholastic inhabitants may be shown to have 
received regular instruction for four months in each and every 
year, from any private teacher having a proper certificate of 
competency from the county superintendent, or from the pres- 
ident, principal or faculty of any incorporated seminary, college 
or university in this State, authorized to confer degrees, this 
shall exempt them from the requirements of this section. But all 
of the scholastic inhabitants failing to attend the public free 
schools, except for causes herein specified, shall forfeit their 
interest in the public school fund for the time they so fail to 
attend the public schools; provided, that the board of trustees 
of any school district may adopt any private school established 
in their district when the teachers of such school shall have ob- 
tained a certificate of competency, and shall conform to the 
general regulations of this act. 

Sec. 28. The scholastic year shall commence on the first day 
of September of each year, and end on the thirty -first day of the 
following August. 

Sec. 29. (Omitted). 

Sec. 30. The available school fund liable to appropriation for 
the support of public free schools is hereby declared to be, all in- 
terest which has accrued, or may hereafter accrue, to the school 
fund from railroads or otherwise, since the thirtieth day of 
March, 1870, one-fourth of all the ad valorem and occupation 
taxes assessed since that date, and such other taxes as have been 
or may be provided by law for the support of the public free 
schools, and all sums of money that may come to this State from 
the sale of any portion of the public domain of the State of 
Texas. Accounts against this available school fund shall be paid, 
as hereinafter specified, out of any part of it that may be in the 



570 University of Texas Bulletin 

State or county treasury, on appropriation therefor by the 
Legislature. 

Seo. 31. The Superintendent of Public Instruction shall ap- 
portion the public school fund among the several counties ac- 
cording to their respective scholastic population 

Sec. 32. If the public school fund apportionment to any par- 
ticular district shall not be sufficient to employ competent teach- 
ers for the public school organized in said district for four 
months in each year, the county board of directors shall levy and 
collect an ad valorem tax upon all the taxable property in said 
district, as shown by the assessment rolls made out by the jus- 
tices of the peace or other assessing officer, sufficient to supply 
the deficiency; and in order that this may be done the justices 
of the peace, in making their regular assessment of taxes, shall 
assess the property of the inhabitants of each school district 
separately. 

Sec. 33. (Omitted). 

Sec. 34. (Omitted). 

Sec. 35. (Omitted). 

Sec. 36. (Omitted). 

Sec. 37. That when in any school district the provisions of 
this law are impracticable, by reason of sparsity of population, 
or danger from Indians, sickness, or other good cause, the amount 
to which any said district is entitled, out of the general school 
fund, shall remain in the State treasury to the credit of such 
district [until] the increase of population, or subsidence of such 
danger, shall render it practicable to maintain public schools in 
such district ; provided, that if during the times of such suspen- 
sion of the public schools in any district, any portion of the scho- 
lastic population thereof shall attend a private or public school 
they shall be entitled, under the provisions of this act, to receive 
their pro rata portion of such fund; and provided, further, that 
the provision of section twenty-two of this act, requiring the 
board of directors to levy an ad valorem tax shall not apply to 
such district, while public schools are suspended therein from 
such cause. 

Sec. 38. That in any ease where it may become desirable in 
any school district to have a high school taught, any principal of 
such high school shall have the privilege of blending the free 



Education in Texas 571 

school with the private school, by the consent of a majority of 
the trustees of the former, said principal agreeing and contract- 
ing with said trustees to teach the children within the scholastic 
age, and said principal shall have the right to receive into his 
school and instruct any number of students who are over the 
scholastic age, at such rates or [of] tuition as he may prescribe, 
and his patrons consent to pay, to the end that high schools may 
be established, with authority to confer degrees, or give certifi- 
cates of merit and scholarship ; provided, said high school shall 
be under the control and supervision of the county board of 
directors. 

Sec. 39. That this act shall take effect and be in force from 
and after its passage. 

Passed April 30, 1873. 

[Note. — The foregoing act was presented to the Governor of 
Texas for his approval on the second day of May, A. D. 1873, 
and returned by him to the house in which it originated, with 
his objections thereto, and was passed by a two-thirds vote by 
both houses of the Legislature, and returned to the office of the 
Secretary of State on the twenty-third day of May, 1873. — 
James P. Newcomb, Secretary of State.] 1 

AN ACT TO AUTHORIZE THE CITIES OF TEXAS TO 
MAINTAIN PUBLIC SCHOOLS. 

Section 1. Be it enacted by the Legislature of the State of 
Texas, That the several incorporated cities in the State, be and 
are hereby authorized to assume control of the public schools 
within their limits, to build school houses, and provide for the 
gratuitous education of all children therein, for such time as 
their constituted authorities may deem expedient. 

Sec. 2. Any incorporated city that may undertake to pro-, 
vide for the gratuitous education of all the children of scholastic 
age, within its limits, shall be omitted from the school district- 
ing county, and shall be permitted to district the population 
within its limits, as by its constituted authorities may be deemed 
best. 



'General Latvs of the State of Texas, passed at the Session of the 
Thirteenth Legislature begun and held at the City of Austin, January 
14, 1873, 84-95. 



572 University of Texas Bulletin 

Sec. 3. When any such incorporated city so assumes the con- 
trol of the public education within its limits, the county board of 
school directors may, when it is deemed expedient, re-district the 
territory left under their control, to suit the changed relations 
of the scholastic population. 

Sec. 4. Schools so organized and provided for by such incor- 
porated cities, shall be subject to the general laws of the State as 
to public education, and be under the supervision of the depart- 
ment of education, in like manner as all other public schools 
in the State. 

Sec. 5. When such incorporated cities shall, in good faith, 
so assume the management and provision of the public schools 
within their limits, they shall receive such a share of the public 
school funds, as they may be so entitled to pro rata as to their 
scholastic population under the scholastic census. 

Sec. 6. Such additional amounts as they may deem proper to 
raise for the purpose of sustaining such schools, shall be levied 
upon the taxable property in said city, in accordance with their 
usual city assessment of taxes for municipal purposes, not to 
exceed one-fourth of one per cent, in addition to the tax al- 
lowed to be levied by the general law. 

Sec. 7. Any city accepting the provisions of this act shall 
notify the county superintendent of the county, and the Super- 
intendent of Public Instruction of its action, by sending them a 
certified copy of the resolutions of the city council by which 
such acceptance is made. 

Sec. 8. This act shall take effect and be in force from and 
after its passage. 

Approved March 15th, 1875.' 

CIRCULAR 

TO THE DEMOCRACY OF BASTROP COUNTY 
AND VOTERS GENERALLY 

Fellow-Citizens : — 

In order to correct the misrepresentations that have been pur- 
posely prepared and industriously circulated by the Radical 
press and candidates throughout the entire State, the under- 
signed have been appointed by the Democratic Executive Com- 



'Gammel's Laivs of Texas, Vol. 8 (533-534). 



Education in Texas 573 

> 

mittee of Bastrop County to collate and present, for your con- 
sideration, such facts as will illustrate the true, character of the 
present political contest, and will enable you to correctly deter- 
mine which of the two parties is the better entitled to your suf- 
frages. As an accomplishment, in part, of the duties assigned 
us, we submit the following : 



III 

SCHOOL LAW 

But it is upon the repeal of the school law of 1871 that the 
Radicals hope to carry the coming election. In order to con- 
vince the candid mind of the wisdom of the 13th Legislature in 
securing the repeal of this law, it will be necessary to recall only 
a few of its principal features : 

1st. Its Extravagance. Though at least $2,500,000 of the one 
per cent tax had been levied and collected, and the additional 
sum of $488,535.71, arising from other sources had been con- 
sumed, and the further sum of $150,000 had been appropriated 
by the last Legislature to make up the supposed deficiency of 
1872, being in all $3,434,535.71, yet the 13th Legislature has been 
charged by the Radical organ at Austin with failing, by $500,000, 
to appropriate enough to pay the teachers of 1872, and that the 
latter amount, in addition to all other appropriations, is still 
necessary in order to balance the school accounts of 1871. You 
may ask how it was possible for those in charge of the educational 
department to have spent so much money and to so little a pur- 
pose? The 12th Legislature provided for the appointment of 
twelve supervisors at a cost of $24,000 annually — and also au- 
thorized the appointment of five school Directors for each 
county. These, together with the Board of Education, consist- 
ing of the Governor, Attorney General and Superintendent — 
were all the officers which that law contemplated, yet the Board 
of Education, without the authority of law, divided the State 
into seventy-seven Districts, and appointed an Inspector for each 
District at a salary of $125 per month — their aggregate salaries 
being $9,625 per month. (See Superintendent's report for 1872) . 



574 University of Texas Bulletin 

The Board of Education also appointed a Board of Examiners 
and caused them to be paid $10,912.10, and also authorized the 
payment of four dollars per day to each member of the Board of 
Directors for two days in each month. In addition to this, you 
paid $31,954.52 to the employees in the office of the Superintend- 
ent at Austin for the years 1871 and 1872 ; also to the superin- 
tendent, in addition to his salary, $1191 for his traveling ex- 
penses in '72; $1,178.76 for his office furniture; $1106.80 for 
postage; $469.77 telegraphing; $15,566.15 for printing and 
blanks ; $211.40 incidental expenses. 

The Treasurer of each Board of School Directors was author- 
ized by this same Board of Education to retain four per cent 
on all disbursements up to $20,000. 

2nd. Despotism. By reference to the laws of 1870 and 1871 
you will perceive that they are very brief, and concentrate a 
vast power in the Governor, Attorney General and Superintend- 
ent. Under these laws, these officials assumed extraordinary 
powers— such as are never conferred upon officials in free gov- 
ernments. The powers to create offices, to make appointments, 
fix their salaries, to provide for the assessment of taxes, their 
'levy, collections and disbursements, are sovereign in their char- 
acter. That the Board of Education did all these things, there 
is no sort of doubt. You have but to refer to the Report of the 
Superintendent for 1872, and there read for yourselves, what we 
are attempting to briefly lay before you. — But this is not all. 
We copy from the Rules and Regulations adopted by this Board, 
and which was not revoked until the entire system was done 
away with by the 13th Legislature, the following: 

"Rule 20 — Principals of schools, colleges, etc., shall subscribe 
to the following oath of office : "I do solemnly swear (or affirm) 
that I will honestly and faithfully support the constitution and 
laws of the United States, and of the State of Texas ; that I will 
endeavor to inculcate in the minds of youths, sentiments of pa- 
triotism and loyalty to the government of the United States and 
of the State # of Texas, and will fully, faithfully and impartially 
perform the duties of a principal to the best of my ability, so 
help me God." The said oath to be forwarded to the office of 
the Superintendent." 

Is it necessary for us to comment upon the extraordinary, il- 



Education in Texas 575 

legal and despotic conduct of the highest offices of the State gov- 
ernment in matters of education? We are reminded of the ad- 
ministration of Laud, Strafford and Finch of England in the 
reign of Charles I. History informs us that these men were 
driven from power, banished and executed by an outraged peo- 
ple for their arbitrary and despotic attempts upon their liberties, 
and well would it be for the country, if Davis, Alexander and 
DeGress could meet with similar fates. But Davis was truer to 
his creatures than was Charles I. For the latter gave them up 
when attacked by Parliament, while Davis vetoed the bill passed 
by the 13th Legislature requiring Boards of Directors to settle 
with the county courts, so as to enable the people to recover back 
their illegally disbursed moneys — assigning as a reason for his 
veto, "that it would stir up bad blood and create litigation." 

3rd. Favoritism. It cannot be denied that the grossest fa- 
voritism was exercised not only by the Superintendent himself, 
but also by his subordinates, for which the law afforded the most 
ample opportunity. Take your own county as an instance. By 
reference to the report of the Board of Directors, on file at the 
Superintendent 's office at Austin, you will discover that $3,925.50 
as purchase money, $154.83 for repairs, $1,425.50 besides cost of 
transportation, for desks, $66.66 for lightning rods, making in 
all $5,572.49, besides expenditures for wood, stoves, etc., amount- 
ing to near $200, were expended upon one school house in the 
town of Bastrop. The teachers in that building, two in number, 
received for a considerable period, together $200 per month, — 
there being four other white schools with a regular attendance 
of at least one hundred and thirty pupils in the town at the 
same time. And when we consider that there are but 293 white 
children, within the scholastic age in the entire portion of Beat 
No. 1, which lies east of the Colorado river and extending ten 
miles in length and six or seven in breadth, it would be impos- 
sible to believe that the regular attendance upon this single 
school justified such enormous salaries. Certainly this was not 
disbursing the public funds with impartiality and justice to all 
in different portions of the county. From the report of the 
Superintendent, we learn that $1552 were expended for furniture 
in your county and of this $1,425.50 went into one building, 
while the price of the house itself consumed at least two-thirds 



576 University of Texas Bulletin 

of the cost of all the buildings, purchased and erected for school 
purposes. But what was the necessity for these patent desks? 
Was there not a sufficient number of them that were used by your 
children (now grown) in other days? Why spend the public 
money for Yankee inventions when those made by our own me- 
chanics and out of our own pines, would suffice as well? How 
was it that these teachers received larger salaries than others in 
the county? Did they hold certificates of the highest grade? 
Their school could not have been so very large, there being four 
other white schools in session at the same time, in the town. Do 
you, fellow citizens, who live in the country endorse such favor- 
itism? The majority of the board of directors, then lived and 
now reside in the town of Bastrop. By whom were they ap- 
pointed? The Superintendent of Public Instruction, himself 
an appointee of Governor Davis, gave them to you. The cost of 
Public Schools in your county for the ten months ending March 
3, 1873 (not including vacation in summer months) was $27,- 
071.29, besides the percentage allowed the Sheriff for collecting 
and that of the Treasurer for disbursing. Putting the entire 
amount at $29,000 and taking the estimate of average yearly 
cost of each regular pupil, as reported by the Superintendent, at 
$11.63, there should have been in regular attendance in your 
Public Schools during 1872 at least 2,400 pupils. Were there so 
many, and if so, of whom did they consist ? Were they the chil- 
dren of the honest, hard-working, industrious, economical white 
men of the country? 

4th. The opportunity for speculation, fraud and illegal dis- 
bursement. Notwithstanding there was no constitutional pro- 
vision or law providing for the removal or impeachment of the 
Superintendent, or requiring him to execute bond for the safe- 
keeping and proper disbursement of the public moneys, yet the 
12th Legislature authorized him, and he did in fact draw from 
the State Treasury sums amounting to $50,000 and $75,000 at a 
time, filing his vouchers, therefor afterwards, often not until 
several months had transpired after his obtaining the funds. 

Now what did he do with this money ? With whom was it de- 
posited? Why did he not permit it to remain in the vaults of 
the treasury, in the custody of a bonded officer charged with the 
disbursement of public moneys? Is not the inference irresistible 



Education in Texas 577 

that this irregular and "wholesale" withdrawal of the public 
funds from the treasury by the superintendent led to the de- 
preciation of teachers' vouchers and delay in their payment? 
Again, all of the school books, apparatus, slates and patent fur- 
niture were purchased from particular establishments in the 
North. What a splendid opportunity for speculation! Think 
you that these establishments did not pay a pretty large bonus 
to DeGress & Co. for their monopolies ? 

Why not permit our people to go into the market generally 
and buy from such as would sell cheapest, and why confine the 
entire trade to a few houses ? There are many other reasons why 
the old law should have been repealed, as sound and convinc- 
ing as those already suggested, but we must forbear a further 
expose of the evils of the system. Now, what are the main 
features of the present school law. Beginning with the superin- 
tendent it subjects him to the same penalty as other officers for 
like offenses; it requires him to execute bond and does not per- 
mit him to handle any of the public funds. The employes in his 
office are limited to two in number and receive moderate salaries. 
If he desires to make a political canvass he must do so at his own 
expense. No "pin money" is allowed him. The cost of his cor- 
respondence is limited to three hundred dollars, and telegraph- 
ing has not been considered a necessity to the success of the 
schools. The present law does away with the boards of education 
and of examiners, with supervisors and inspectors, and limits 
the percentage of the county treasurer to one per cent, upon the 
money disbursed; it permits you to elect your own trustees and 
directors, and requires that one director shall live in each pre- 
cinct; it subdivides the county into districts and apportions the 
money arising from the State tax according to the scholastic 
population ; it requires each district to build its own houses so 
that the extravagance of one may not be a burden to the others ; 
it permits you to purchase your books wherever you please and to 
build such houses as suit you best ; it authorizes you to employ 
such teachers as you may deem most capable. 

In a word, it gives you the entire control of your schools. The 



578 University of Texas Bulletin 

system is a good one, and if properly conducted will redound to 

the benefit of yourselves and your children. 

T. C. CAIN, 
J. A. HOOPER, 
G. A. SCHNEIDER, 
J. W. KENNEDY, 

Committee. 1 

A CANDID CRITICISM 

In 1871 a new system of public instruction was adopted in har- 
mony with the central idea of the advocates of centralized 
power. A skeleton of a system was framed by the Twelfth Leg- 
islature, made up of a State Superintendent, thirty-six super- 
visors, and seven hundred school directors, with legislative power 
vested in the Board of Education to enact and provide for such 
rules and regulations as might be found necessary to enforce a 
system of compulsory education. In the exercise of this arbi- 
trary power, the Board of Education, unmindful of the de- 
pressed condition of the people, impoverished by the ravishing 
hand of war, ordered, without constitutional authority, a levy 
cf a school tax of one per cent., which would have annually 
ground out of the people, once rich but then poor indeed, $2,- 
225,000 ... It was in vain to expect that a system so much at 
variance with long established ideas of local self-government, so 
centralized in its every feature, could command the support and 
confidence of the people. 

Experience early demonstrated its utter unfitness to popular 
demands — its antagonism to the fundamental principles of gov- 
ernment, which had been held by our people through successive 
generations. Public sentiment speedily demanded its repeal, 
which was effected by the Thirteenth Legislature, and a new 
school law was enacted that furnished a striking illustration of 
the tendency of public opinion to run into extremes. A more 
liberal participation in the management of school affairs was 
conceded to local school officers than was compatible with an 
efficient and economical administration ; and strange, too, as it 
may seem, they were authorized to levy a greater tax than even 



''The Bastrop Advertiser, Saturday, November 8, 1873. 



Education in Texas 579 

one per cent., and in the exercise of their official functions they 
were above the law and beyond the jurisdiction of the courts. 
Hence, it may be reasonably inferred that under the operation 
of such laws the cause of education incurred stubborn opposi- 
tion which materially impeded its progress to popular favor. 1 



Collingsworth, O. N., History of Public Education in Texas and Ma- 
terial Resources of the State, 4-5. 



CHAPTER VI 

RE-ESTABLISHMENT OF PUBLIC SCHOOL 

SYSTEM 

The widespread repugnance to the school system foisted by the 
Radical regime upon the people of Texas began to gain the upper hand 
as early as 1873. The school law of that year exhibits several modifi- 
cations of the system necessitated by the resistance of the conservatives. 
The full momentum of the storm was finally realized in the Constitu- 
tional Convention of 1875. No article before the convention occasioned 
more acrimonious discussion than that on Education. The conflict of 
opinions was sharp and varied. Some resisted most stubbornly every 
suggestion for state support and control of education. Many favored 
sectarian and private schools and sought to preserve these at all haz- 
ards. Some desired the reinstatement of the pauper school system 
which prevailed prior to the war. The remaining radicals and a few 
progressive thinkers desired the perpetuation of their discredited or- 
ganization, or a modification of the system to meet the needs *of the day. 
Within these groups sharp differences developed in regard to taxation 
for school purposes, the utilization and investments of school funds, the 
disposal of school lands, and in regard to many other points. 

The result of the' convention was the elimination of the radical school 
system. In its place was a weak compromise with numerous restric- 
tions which have hampered the schools since that time. But, indif- 
ferent as the new organization was, schools began to be re-established, 
first in the towns, and then gradually in the country communities. 

After several years, the weaknesses of the constitution became more 
and more apparent, and efforts were made to bring about a system by 
voting amendments. In an incredibly short period of time popular 
opinion was fully turned toward free public Education. This move- 
ment was led by O. N. Hollingsworth, Secretary of the State Board of 
Education and by Governor O. M. Roberts. Among other factors to 
bring about the revolution in sentiment was the steady influence and 
financial assistance of the Peabody Educational Board. 

In spite of its inherent lacks, the new educational foundation proved 
to be permanent, and since that date the school system of Texas has 
not suffered the disrupting occurrences of earlier decades. 

This period witnessed the organization of the Agricultural and Me- 
chanical College, the founding of the Sam Houston Normal College for 
the training of teachers, the starting of the municipal High Schools, 
the opening of the University of Texas, the Constitutional amendment 
permitting the division of counties into school districts, and provid- 
ing for both state and local ad valorem taxation for school purposes. 
In addition to these measures, County Institutes were established, and 
the Summer Normal for the training of teachers. 



Education in Texas 581 

COLORED MEN'S CONVENTION, 1873 

Brenham, July 3 and 4 
ADDRESS 

We, the undersigned members of the committee on address, 
do most respectfully, by leave, report as follows: 

That we consider one of the prime objects of our assemblage 
to be the promotion of good feelings between ourselves and our 
white fellow-citizens of the State, without whose earnest and 
sincere efforts in cooperation with our own, to effect our eleva- 
tion, our progress must be slow and constrained, as has been 
asserted by the ultra Democratic press, and others who desire 
to estrange us from the kindly feeling of the white inhabitant, 
that we are unalterably opposed to their interests, and always 
disposed to support such men and such measures, as result in 
subjecting them to additional taxation, and the increase of 
their pecuniary burdens. 

Now, Ave beg leave here to respectfully point out, that if our 
conduct has in any measure justified these accusations, it is no 
fault of our own. It must be borne in mind that the mass of 
the colored people are in a lamentable state of ignorance, the 
result of that wicked system of bondage, which shut them out 
from the acquisition of all knowledge of letters and made it a 
penal offense to teach them to read the Word of God. They 
must also remember that they have from the day of the acqui- 
sition of our liberty set their faces in steadfast opposition to 
our political, educational and social progress, with a blind spirit 
of malignant opposition not calculated to inspire us with either 
confidence or affection. It, therefore, should not excite sur- 
prise, still less should it expose us to animadversion, if we have 
given our confidence and support to men who may have abused it 
to promote selfish ends, or unworthy purposes — particularly 
when these men declared them adhesive to those great prin- 
ciples embodied in the recent amendments to the Constitution, 
and which are the strongest planks in the Republican platform. 

Xowithstanding all that we, the colored people of the State, 



582 University of Texas Bulletin 

have suffered at the hands of our white fellow-citizens, we 
cherish towards them no animosities, and will hail with satis- 
faction any manifestation on their part of a disposition to abate 
their prejudices, and concede to us willingly all those rights 
and privileges that sweeten the enjoyment of civil life. It be- 
comes our duty here to define clearly what is understood by us 
as civil rights in contradistinction to social privileges. There is 
no intelligent man in the State who should not discern, at a 
glance, that the enemies of the colored men wilfully abuse the 
public mind when they assert that we are aspirants for social 
privileges, and are desirous of promoting legislation of a charac- 
ter that will effect it. We certainly are not so foolish as to 
imagine that any law could be framed that could effect such an 
object. We know perfectly well that a man's social relations 
cannot be made by legislative enactments. We have no dispo- 
sition to intrude ourselves upon them, and would resent as an 
indignity any intrusion upon ourselves. But we do demand 
our Civil Eights Bill of the Hon. Charles Sumner, and shall 
agitate the question of their concession with unabated ardor 
until we can celebrate their acquisition. 

We would far prefer to have received these boons as a volun- 
tary offering from our white fellow-citizens. We would be 
happy if the white men of this State would emulate the example 
of a portion of their Southern fellow-countrymen in Louisiana, 
and not wait to have Congressional legislation wring from their 
reluctant hands what we now would gratefully receive as a 
generous concession, and which would most emphatically tend 
to create and strengthen bonds of fraternal feelings. 

It is a misfortune for both races that the Southern white 
men seem determined to leave their colored fellow-citizens noth- 
ing to be grateful for, as every right we enjoy has been forced 
from their grasp, in face of stern opposition and openly ex- 
pressed hatred. Had even a part we now enjoy been voluntarily 
conceded, the mass of the colored people would have patiently 
waited until time and education fitted them for the rest, and 
many of the evils of legislation, to which the South has been 
exposed, could have been avoided. With stolid obstinacy they 



Education in Texas 583 

have clung to their prejudices. Yet we do not despair and feel 
our duty to ourselves and them render it imperative for us to 
hold out the olive branch, and express a willingness to cooperate 
with them in any measure for the advancement of the interests 
of our State and the welfare of its citizens. We appeal to them 
to meet us with the free concession of our civil rights in their 
hands, and will thus become a truly homogeneous people, ani- 
mated by one common purpose, and that purpose the prosperity 
of the State. 

At all times and under whatever circumstances, imbued with 
the most kindly feelings for our fellow-citizens, we deny the 
charge heretofore made that we have met in secret meetings, 
to war, or in any manner array ourselves against any class or 
classes of the community. That now, as ever, we are actuated by 
purely laudable motives in our political conduct, conducing as 
we believe to the best interests of our State. In order, however, 
that all feelings or passion hitherto arrayed because of political 
gatherings, wherein we have participated, may be hereafter dis- 
pelled, we invite and request our fellow-citizens throughout 
the State, to hold and attend their meetings of a public character 
openly and before all, inasmuch, as to-day armed with the 
panoply of American citizenship, we need no longer fear ma- 
licious opponents in the exercise of our public rights. 

' ' With charity for all, and malice toward none ' ' of our fellow- 
citizens, we appeal to the law-abiding and honest people of Texas, 
of whatever political party, to join with us in deprecating the 
outrages and wrongs perpetrated upon the colored people in 
various sections of our State, because of our new relations as 
freemen and citizens, and we ask that all acts of violence towards 
us, from whatever source, shall be condemned by the public sen- 
timent of the community in such unequivocal terms as that law 
and order shall be enforced. 

We also recommend to our people the acquisition of land and 
homesteads, and that they do not support for office any man or 
set of men who are likely to place obstacles in the way of their 
success in this direction. 

We also urgently recommend to them that they refuse to sup- 



584 University of Texas Bulletin 

port for any office whatever any man who is not pledged against 
repudiation in all its forms. We are not to consider how the 
State has been brought into debt, or the means by which its 
obligations were incurred; we only are to consider how we can 
earliest pay them, and we pledge ourselves to use our humble 
efforts to the payment of the State obligations, to the last dol- 
lar in the treasury, and we will cheerfully submit to any amount 
of taxation to accomplish that object. 

We also express ourselves as being decidedly in favor of in- 
ternal improvements. 

This we also consider an appropriate occasion to disabuse the 
minds of our fellow-citizens of foreign birth, of the desire that 
has been attributed to us to lay obstacles in the way of the immi- 
gration of their brethren in Europe to this State. We indig- 
nantly deny that we cherish any so unworthy or selfish feeling. 
We look on the Americans as the trustees of this soil for the 
oppressed of all nations, and we welcome the downtrodden im- 
migrant from wherever he may come with open arms. 

We cannot close this address without the strongest expression 
of our confidence in, and regard for President Grant and re- 
iterate our thanks to him for his efforts to ameliorate our con- 
dition and obtain our civil rights. 

We also express our confidence in the Federal government 
and reaffirm our allegiance to the National Republican party. 

In conclusion we tender our grateful thanks to Chas. Sumner 
for his constant and unwearied efforts for our acquisition of 
civil rights, and earnestly trust that his existence be so pro- 
longed to win the completed result of his lifelong labors. And 
we confidently hope and believe that our future will justify his 
past. 1 

GERMAN CONVENTION, 1873 

Austin, August 7 and 8 

"Early in July, 1873, a call for a convention of German-speaking 
'citizens was published in the Staats Zeitung of Austin. It was signed 



'Winkler, E. W., Platforms of Political Parties in Texas, 148-151; 
Daily State Journal (Austin), July 5 and 9, 1873. 



Education in Texas 585 

by men of all shades of political opinion, and stated the object of the 
meeting to be "a free discussion of the political situation, an open 
expression of our wishes, a definition of our relations to the political 
parties, and a union on one platform for which we intend to work at 
the next election." Between forty and fifty delegates attended. 



An die deutsch-amerikanischen Buerger von Texas: 

Wir, die in Convention in Austin versammelten Deutschen, 
haben uns in nnsrer Eigenschaft als Buerger dieses Landes 
zusammengefunden, um uns ueber die politische Lage des Staates 
zu besprechen. Wir thun dies, weil die uns Allen verstaendliche 
deutsehe Sprache eine bessere Verstaendigung ermoeglicht und 
weil wir in den ueblichen County Conventionen als eine Minor- 
itaet nicht zum vollen Ausdruck unserer Ansichten gelangen 
koennen. Wir empfehlen daher die nachfolgenden Grundsaetze 
unseren deutsch-amerikanisehen Mitbuergern als eine Richt- 
sclmur fuer ihr ferneres politisches Verhalten : 

1. Wir verlangen ein liberales Freischul System, weiches den 
vernuenftigen Anspruechen aller Buerger entspricht. 1 

REPUBLICAN STATE CONVENTION, 1873 

Dallas, August 19 and 20 

In June Chairman J. G. Tracy, of the State executive committee, 
issued a call for a State convention. The call fixed the basis of repre- 
sentation. It set forth the issues upon which it was expected to gain 
the victory. It foreshadowed the fierce political campaign about to be 
initiated. About five hundred and fifty delegates attended. Eighty- 
four counties were represented. It was not a "nigger" convention, re- 
ported the official organ, but was composed of all classes of .the people 
in proper proportion. 

PLATFORM 

We, the Republicans of Texas, this 20th day of August, 1873, 
make the following declaration of principles: 
Resolved, 



Ubid., 151-154; Die Woechentliche Texas Post (Galveston), August 
10, 1873. 



586 University of Texas Bulletin 



2. We are earnestly in favor of the establishment and main- 
tenance of a system of public free schools such as is imperatively 
required by article 9 of our State constitution, and of such im- 
provements as experience has shown to be desirable, and we 
strongly condemn the practical abolition by the thirteenth legis- 
lature of the system that was in operation. 1 

DEMOCRATIC STATE CONVENTION, 1873 

Austin, September 3-5 

The call for the State convention was issued July 14, 1873. It was a 
long document, entering in detail into the recent accomplishments of 
the party and surveying what still remained to be done. The attendance 
exceeded the capacity of the Hall of Representatives, which contained 
seven hundred chairs for the exclusive use of delegates. The basis of 
representation adopted by the convention provided that each county 
represented be entitled to one vote for each hundred votes cast for the 
Democratic candidate for Congress, either at the election in November, 
1871, or October, 1872, taking the maximum vote, and one vote for each 
fraction of twenty-five votes or more; provided each county shall be 
entitled to one vote. The platform was adopted before making nomi- 
nations. 

PLATFORM 

We, the Democracy of Texas, in convention assembled, relying 
on the virtue and intelligence of the people, again declare our 
principles and policy, and ask for them the popular approval. 

1. We declare our adhesion to the time-honcred principles of 
the Democratic party ; our devotion to popular liberty regulated 
by law ; and to constitutional government simple in machinery, 
and to be administered with the strictest economy. 

2. We congratulate the people of Texas on the repeal by the 
thirteenth legislature of a number of the oppressive, odious, and 
unconstitutional acts, passed by the twelfth legislature, in pur- 
suance of the Radical policy to overthrow the government of the 
people ; and among which acts were : 



HUd., 154-157; Daily State Journal (Austin), July 19 and 20, 1873. 



Education in Texas 587 

(5) The act relating to public free schools, which, among 
other bad features, provided the means of enabling public offi- 
cials to speculate in school books, in the building and furniture 
of school houses, in the salaries of teachers, and furnished high 
salaries for a large and useless number of officers, which gave 
the Radical party the means to pay their political missionaries 
who traveled for Eadical purposes and frauds from one end of 
the State to the other. 



5. The school fund, sacredly set apart for the education of the 
children of the State, has, under the operation of the misrule of 
the party in power, been plundered by speculation, squandered, 
and perverted to political purposes. The Democratic party, 
through us, reaffirms its past opinion and the policy it has ever 
pursued, that it is the bounden duty of the State to maintain an 
efficient system of free common schools, and secure the means of 
a common education to every child in the State ; and we advocate 
the gradual sale of the alternate sections of land belonging to 
the common school fund, as also of the asylum and university 
lands, under such restrictions as will secure the funds arising 
therefrom to the purposes for which they were intended, and 
giving in such sales proper preferences to actual settlers in good 
faith thereon. 1 

MESSAGE OF THE GOVERNOR 

Executive Office, 
Austin, January 26, 1874. 
Gentlemen of the Senate and House of Representatives: 



EDUCATION 

I commend to your especial consideration our system of public 
free schools, and the necessity of bringing it to such perfection 



Ubid,, 157-163; Minutes of the Democratic State Convention of tlie\ 
State of Texas; Held at the City of Austin, September 3, 4 and 5, 
1873, 40. 



588 University of Texas Bulletin 

that the children of the State may realize the benefits contem- 
plated therefrom by the fathers of Texas. 

The present law upon this subject, passed by your immediate 
predecessors, has not been on trial sufficiently long to justify a 
conclusion as to its sufficiency in meeting the requirements of the 
times. While an examination of its provisions may disclose some 
defects requiring action at your hands, it occurs to me that in the 
main it was a salutary enactment, and that its efficient execu- 
tion will demonstrate the wisdom of its framers. It certainly 
brings the machinery of the system home to the people them- 
selves, and places the offices thereof directly under their super- 
vision and accountable to them. 

I have full confidence that this admirable feature can be pre- 
served, along with proper efficiency, and we should bend our ef- 
forts to this consummation. We must have common schools fully 
adequate to the wants and requirements of the State. At the 
same time we must remember that a proper system is of slow 
growth — to be amended and developed according to the dictates 
of experience and the state of our available resources. In this 
connection I respectfully call to your attention the necessity of 
utilizing, in some manner, the magnificent school fund of our 
State, and of placing it in such condition that an annual revenue 
may arise therefrom, sufficient for all practical purposes, without 
the necessity of resorting to taxation. 

The demand for education in our State is urgent and press- 
ing, and we should begin to utilize every source of revenue in 
our reach for this purpose. 

The children of the present generation are as much entitled to 
the benefits of public education as those who may come after 
them, and I cannot see the practical wisdom of keeping the almost 
entire school fund of the State locked up and lying dormant in 
unproductive lands, many thousands of acres of which are in 
settled counties, retarding each, day their proper growth and 
development. 

'These lands are of three classes, to-wit: First, university 
lands ; second, the alternate sections of the public domain ; and 
third, the school lands belonging, at least originally, to the sev- 
eral counties. 



Education in Texas 589 

As to the power of control and disposal of the first two classes 
by the State, there can be no question ; with regard to the third 
class there would seem to be some doubt. 

I recommend to your honorable bodies a critical examination 
oi the latter question, and what authority, if any, the State can 
constitutionally exercises over this species of property. If the 
control thereof remains with the State, then I recommend that 
some system be devised for the gradual sale of this class of lands 
to actual settlers only, for full value, upon long time, and upon 
proper interest, payable annually. 

Provision should be made for the proper investment of the 
principal as paid in, and the application of the interest in such 
manner as may be legal and proper. 

One of the greatest and most pressing wants which, more than 
any other, impedes the successful operation of our free school 
system is a sufficient number of educated and trained teachers. 
Without these no system of public education can be a success. I 
earnestly recommend, in view of the urgent necessity, that your 
honorable bodies take measures looking to an early establish- 
ment, upon a liberal scale, of a normal school for the education 
and training of teachers to conduct and carry on our common 
free schools. 

It is believed that an institution of this character is absolutely 
necessary to a successful prosecution of a general system of free 
schools, and that they are to be found in every State where such 
a system has attained any degree of excellence. 

I regret that I have no data before me as to the present state 
of the public schools in Texas. There is no report in this office 
from the Superintendent of Public Instruction, but so soon as 
a report from that office is laid before me I will communicate 
it at once to your honorable bodies. 



Very respectfully, 

RICHARD COKE. 1 



^■Message from the Governor of Texas to the Fourteenth Legislature, 
with Accompanying Documents from Heads of Departments, 1874, 
10-12; Moreland, Sinclair (Ed.) Governor's Messages, Coke to Ross, 
20-21. 



590 University of Texas Bulletin 

MESSAGE OF THE GOVERNOR 

Executive Office, State of Texas. 

Austin, January, 1875. 

To the Hon. Senate and Houses of Representatives of Texas, in 
Legislature assembled: 



PUBLIC EDUCATION 

The organization of a system of Public Free Schools, which 
shall be adequate to the educational wants of Texas, and at the 
same time, within the ability of the people to maintain, is a work 
of greater and more over-shadowing importance and of greater 
difficulty than any other that the Government is called on to 
perform. The partial failure of the effort, now being made, in 
this direction is attributable to several very natural causes, not 
the least of which are, the shackles imposed by the Constitution 
upon efforts at amendment of the system, and the unwilling- 
ness, if not the ability of the people to bear the burden which 
a thorough system of public education necessarily imposes upon 
them. As a thorough system of public education is second in 
importance to no measure of policy effecting the public interest, 
it at the same time involves a larger expenditure of money, 
than any other, in fact than all others combined in the ordinary 
administration of the government. The benefits of such a sys- 
tem are of transcendent importance in the material growth and 
the political and moral health of the State, and the cost of it, 
bears some proportion to its advantages. Many who complain 
of the inefficiency of our system, and the shortness of the scho- 
lastic term, are not aware of the money necessary to' efficiency, 
and for a six or ten months term, instead of four months. The 
Constitution fixes the scholastic ages at from six to eighteen. The 
population embraced within these ages in Texas, now, is three 
hundred and thirteen thousand and sixty-one, it is believed 
that the increase from immigration and other causes will run this 
figure up to four hundred thousand, within the present year. 
Of those within the scholastic age, one hundred and sixty-one 



Education in Texas 591 

thousand, six hundred and seventy have been enrolled in the 
public schools, during the past year. The average cost per capita 
of these, is one dollar and fifty-six cents per month, or six dol- 
lars aad twenty-four cents per term of four months, making 
an aggregate of one million and eight thousand, eight hundred 
and twenty dollars and eighty cents, which is about two hun- 
dred thousand dollars more than is needed to pay all the ordinary 
expenses of the State government. An eight months term, of 
course, would cost double that amount, nearly one per cent, on 
the taxable values of the State. While such is the case, the en- 
tire income from the permanent school fund, the one-fourth of 
the ad valorem State tax and the poll tax for the past fiscal 
year was five hundred and forty-six thousand, nine hundred and 
eighty-five dollars. The usual proportion of the scholastic popu- 
lation enrolled which attends school, is a little more than one- 
half in sparsely settled States, the average of attendance in- 
creasing iu proportion as the country is more thickly settled. In 
Texas, if our public schools were well organized and operated, 
the proportion in attendance would therefore probably be about 
two hundred thousand of a scholastic population of four hundred 
thousand, which at six dollars and twenty-four cents per capita, 
would cost one million, two hundred and forty-eight thousand 
dollars for a four months' term, an amount nearly equalling all 
the taxes collected by the State for all purposes at this time. 
The income from the permanent school fund, and other State 
sources for the last fiscal year, falls so far short, even with the 
present limited attendance on the public schools as to leave a 
heavy deficiency to be raised by county taxation. 

General public education costs money, and cannot be had 
without it, and the people must be willing to pay for it, before 
a system can be established, which will give satisfaction and meet 
the requirements of the State. When the operations of the 
public free school system of Texas are compared with those of 
other States, it must be borne in mind that we are beginners, 
seeking that which is best, to be successful in finding it, only 
by trial and experience as other States have been, and it will 
be well also to bear in mind the cost of a good educational sys- 
tem in other States where such have been established. Michigan 
with a school population of four hundred and twenty-one thou- 



592 University of Texas Bulletin 

sand, three hundred and twenty-two, spends annually to main- 
tain public schools, three millions, one hundred and forty-eight 
thousand, eight hundred and eighty-four dollars. Maryland with 
a school population of two hundred and seventy-six thousand, 
one hundred and twenty, expends one million, three hundred 
and fifty-four thousand, and sixty-five dollars. Massachusetts 
with a school population of two hundred and eighty-seven thou- 
sand, expends six millions, two hundred and forty-one thousand, 
two hundred and thirty-nine dollars. Indiana with a school 
population of six hundred and thirty-one thousand, five hundred 
and forty-nine, expends three millions, five hundred and fifty-nine 
thousand, eight hundred and ninety-seven dollars. Illinois with a 
school population of nine hundred and nine thousand, eight hun- 
dred and twenty-eight, expends nine millions, two hundred and 
fifty-nine thousand, four hundred and thirty-eight dollars. Colo- 
rado Territory, with a school population of fourteen thousand, 
four hundred and seventeen, expends two hundred and fifty-two 
thousand, two hundred and ninety-eight dollars. The cost varies 
very greatly in the different States and Territories, but is heavy 
in all. It must also be remembered, that in all these States there 
have been expenditures for school houses, furniture, &c, and in 
the total of cost per annum given is included as to this item only 
the cost of repairs, &c. Texas owns no school houses, or compara- 
tively none. Every disadvantage that it is possible to conceive 
has been labored under, and if money in abundance had been in 
hand to pay all teachers, the scarcity of really competent teach- 
ers, is such as would have presented a very great obstacle to 
success. But with all the disadvantages under which we have la- 
bored, it is gratifying to note the fact that the common free 
schools of Texas, are being attended now by thirty-two thousand, 
one hundred and twenty-eight more pupils than at any former 
period since they went into operation, and in this regard are 
steadily improving. The question to be solved is, can we estab- 
lish in Texas a free common school system, the burdens of which 
the people are able to bear, that will meet the wants of the State. 
I answer unhesitatingly that w r e can lay now, broad and deep, 
the foundation of an educational system for Texas, which, when 
matured, will not be surpassed by that of the most favored State 
in the union, which with a proper appreciation of its advantages, 



Education in Texas 593 

the people will be not only able, but willing to maintain. I speak 
without reference to the present constitution and laws, but in 
view of an early and radical change in the former, to be followed 
by equally thorough changes in the latter. The trouble with 
the Texas system is that too much is attempted. 'The scholastic 
age fixed by the Constitution, from six to eighteen, is too exten- 
sive. The range of study is too great ; Texas cannot afford to 
have the classics or the languages taught now in her common 
free schools; nor can she afford to have all her children, from 
six to eighteen, in school at once ; she cannot procure the services 
of a sufficient number of competent teachers for either as yet. 
This system without school houses,a greatly insufficient supply 
of competent teachers, and with funds utterly inadequate for the 
purpose, seeks to occupy the entire educational field, to the great 
injury of individual effort and private enterprise in this line, 
as well as to the cause of education itself, and has expended in 
the effort several millions of dollars with results far below what 
might have been attained if only that which could have been done 
well, had been attempted, laying at the same time a broad founda- 
tion for future expansion. If the scholastic age were reduced 
from its present figures to embrace all from eight to fifteen, and 
the course of study to the rudiments of a plain English educa- 
tion, and the term extended to six instead of four months, the 
number of pupils would be reduced from one-third to one-half, 
and the salaries of teachers could also be reduced. Under this 
reduction it is believed that a uniform tax of one-third of one 
per cent, levied and collected as the State and county taxes are 
now, in addition to the present general or State revenues, would 
maintain the system abundantly, pay the teachers, (which is 
almost our only expense now) regularly, and enable them to 
work at considerably reduced rates. This would leave, for the 
present, to private enterprise the higher field of educational ef- 
fort. It is believed that the people are able and willing to bear 
the burden of the system thus modified, and that the system 
will grow naturally with the aids that can be brought to its as- 
sistance, until it will cover the entire field of educational labor 
from the highest to the lowest grade. The great landed endow- 
ment of the public schools of Texas, has been hoarded long 
enough, its treasures should be unlocked to the enjoyment of the 



594 University of Texas Bulletin 

present generation, and to their relief from taxation, and it 
should be made available for present needs. This it is believed 
can be done. The alternate sections of land located by railroad 
companies and other corporations, which have been set apart by 
law, and dedicated to the common school fund number thirty-six 
thousand and seventy, equal to twenty-three millions, one hun- 
dred thousand acres. Estimating that there are five hundred 
leagues, equal to two millions, two hundred and fourteen thou- 
sand acres of the county lands, which the present Constitution 
places under the control of the Legislature, to be used for the 
benefit of the general school fund, about which it may be re- 
marked a question is being made in the courts by some of the 
counties; of these two hundred and seventy-four leagues have 
been patented, and fifty leagues located, surveyed, and the 
field notes returned to the general Land Office, but not yet 
patented, equal to one million four hundred and thirty-four 
trousand, six hundred and seventy-two acre's, the greater por- 
tion of it selected at an early day, and embracing some of 
the finest and most valuable land in the State ; and to this 
add one-half of the public domain remaining located by vir- 
tue of "certificates heretofore issued, as well as those hereafter 
issued to any railroad company or other corporation of any 
other nature whatever, for internal improvements or any other 
object," set apart to the school fund by act of the Legislature 
of the thirteenth of March, 1873, which is estimated to be 
certainly not less than thirty-five million acres. These numbers 
of acres of land, thus constituting the endowment of the common 
school .system of Texas, when footed up aggregate sixty millions, 
three hundred and fourteen thousand acres. Of this, twenty- 
four millions, five hundred and thirty-four thousand, six hun- 
dred and seventy-two has been selected, surveyed and patented, 
except about two hundred thousand acres before referred to, the 
field notes of which are on file in the general Land Office. 

Fifty leagues of land, equal to two hundred and twenty-one 
thousand acres, have been granted and set apart for a university 
fund. These lands were granted at an early day, selected chief- 
ly in what is now the most prosperous and flourishing part of the 
Stale, and are very valuable. How shall this immense fund be 
utilized, and made available for our present necessities? We 



Education in Texas 595 

need school houses in. which to carry on the system of common 
schools suggested, plain furniture for them, and an annual fund 
for repairs. I suggest that we draw on the land endowment for 
relief from taxation for this purpose. The alternate sections, 
comprising twenty-three millions, one hundred thousand acres, 
by act of the Legislature approved April 24, 1874, are now of- 
fered for sale at a valuation per acre, to be affixed by commis- 
sioners, not less than one dollar and fifty cents, payable one- 
tenth cash, and the remainder in nine equal annual installments 
with interest at ten per cent. The county school lands may also 
be placed in market, and will sell readily at good prices. One 
million and a half of dollars will build all the school houses 
necessary, and furnish them ; let the State issue her bonds bear- 
ing eight per cent, interest, and payable in thirty years, in suffi- 
cient amount to raise this sum, predicated on these lands, and 
devote the proceeds of sale of the lands to payment of interest 
on the bonds as it accrues, and lay aside also a sufficient per 
cent, sinking fund to pay the bonds at maturity, the excess of 
proceeds of sale to be invested in good interest bearing securities, 
and added to the permanent school fund. The lands will con- 
stantly increase in value, and the obligations for which it is 
sold will increase rapidly by the accrual of interest, and as tim 
advances the permanent fund will augment. As the school- 
und becomes changed by sales from non-available to available, 
and is magnified in value, it will become the basis for more ex- 
tended operations, and the school system may be expanded to 
embrace wider extremes of scholastic age, longer term if neces- 
sary, and higher grades. In the mean time, by using the uni- 
versity fund as a basis, the land being now by act of April 8, 
1874, in market and selling rapidly at good prices, money may 
be raised by the issuance and sale of bonds for the establishment 
and organization of one or more universities, which, together 
with the college at Bryan, now nearly ready to go into operation, 
and which it is hoped your honorable bodies will at this session 
make an appropriation to complete in all respects immediately, 
will under proper arrangements and administration, educate 
teachers to carry on the common schools. I have not the space 
if it were desirable in this communication to elaborate the details 
of this propesiton, believing it will be found practicable and 
efficient, it, is simply desired to call attention to it. A plan of 



596 University of Texas Bulletin 

this character will be a safe one, and will result ultimately in 
the establishment of a thorough system, since we will at no time 
be going beyond our means, and be constantly making a healthy 
advance toward the desired consummation. The people will learn 
the value of a public educational system, without being oppressed 
by it, attempting only what can be well done, their confidence 
will be won and their judgment convinced, and they will be 
ready to extend its sphere of usefulness as the ability to do so 
is increased. We may rest assured, that if the people once under- 
stand and appreciate the benefits of public free schools, the sys- 
tem will take care of itself. In the Northern, Eastern and West- 
ern States where they have long been accustomed to its burdens, 
as well as its benefits and blessings, there is no institution which 
has so twined itself around the affections of the people as this. 
They will cheerfully submit to taxation to support it, which as- 
sessed for any other purpose would drive them to rebellion, and 
wherever they immigrate in controlling numbers, let their cir- 
cumstances or condition and that of the country be what it may, 
they first rear their home alters and next the inevitable free 
schocl house. Educational statistics show that these people have 
carried this institution into every wilderness in the Northwest, 
and however sparsely settled and forbidding the country, have 
perseveringly nurtured it into success. The superiority of edu- 
cated over uneducated labor, in any business or pursuit, from 
the highest to the lowest, to say nothing of the intelligence so 
necessary in those who control and direct the government, and 
of the moral influences equally necessary, which can only come 
from general public education, forbid any relaxation of our 
efforts in this direction. There is not a State or Territory in 
the union, that has not in operation a public free school system, 
and that is not putting forth its best exertions to maintain and 
improve it. Shall Texas, young, hopeful, prosperous, mighty 
and growing in resources, do less? Her dead statesmen and 
heroes pointing her through the constitutions of '36, and '45, 
and the princely domain secured by their wisdom for this object, 
to the path of duty, exhort her to be no laggard in this great 
race for material, moral and intellectual development and im- 
provement. If she is true to herself, the teachings of her illus- 
trious sages, and the highest demands of the hour, Texas will 



Education in Texas 597 

press forward over all difficulties with unfaltering step. Your 
honorable bodies are referred to the able and learned report of 
Hon. 0. N. Hollingsworth, Superintendent of Public Instruc- 
tion, herewith furnished, for such changes of the present law 
as he deems necessary, until such organic changes in the system 
as may be found expedient, can be made. This report is com- 
mended to your careful and earnest consideration. 1 



AGRICULTURAL AND MECHANICAL COLLEGE 

In virtue of an act of Congress of the United States of 1862, 
and a supplemental act on the same subject of 1866, the State re- 
ceived from the United States as a donation for commencing 
the foundation of one or more colleges, where the agricultural 
and mechanical arts should be taught, one hundred and eighty 
thousand acres of land scrip. This scrip was sold in 1871, by 
James P. Newcomb, Secretary of State, by authority of Governor 
Davis, at eighty-seven cents per acre, and the proceeds invested 
in the seven per cent, gold frontier defense bonds of Texas. The 
amount realized from the sale of the scrip was one hundred and 
fifty-six thousand, six hundred dollars, and the bonds purchased 
amounted to one hundred and seventy-four thousand dollars. 
These bonds are now in the State Treasury, with interest coupons 
attached. By the terms of the donation the proceeds of sale of 
the scrip are to remain a perpetual fund, the interest only to 
be used, and if within a limited time after the receipt of the 
scrip, the College is not established in accordance with the condi- 
tions attached, the proceeds of sale of the scrip are to be paid 
back to the United States. Texas accepted the donation with the 
conditions, and the College building, in process of construction 
near Bryan, is being built in compliance therewith, for the pur- 
poses contemplated in the act of Congress. The report of the 
Board of Commissioners, who, under the legislation of Texas, 
are charged with the administration of the finances of this in- 



^Message from the Governor of Texas to the Fourteenth Legislature, 
Second Session, 1875, 55-62; Moreland, Sinclair (Ed.) Governors' 
Messages, Coke to Ross, 115-121; 137-138. 



598 University of Texas Bulletin 

stitution, and with the supervision and direction of the construc- 
tion of the College buildings, is herewith submitted for your 
consideration. It appears from this report that the College edi- 
fice is rapidly approaching completion, and that in order to com- 
plete it fully, an additional appropriation of seven thousand 
dollars is necessary. These Commissioners ask an appropriation 
of twenty-five thousand dollars to erect a boarding hall, twenty- 
one thousand dollars, to erect three Professors' dwellings, and 
five thousand dollars, to lay off and fence grounds, make walks, 
plant trees and erect a barn. I respectfully recommend that 
these appropriations be made as suggested in this report, being 
satisfied that they are absolutely essential, and that the appro- 
priation heretofore made is being economically and honestly 
administered. The College edifice is estimated to have capacity 
for six hundred students, and from a personal visit to, and 
examination of the work, I can testify that it is exceedingly 
well built, of the best material and is a solid and most imposing 
and handsome structure, modeled with fine taste, and with in- 
terior arrangements and divisions admirably suiting it for the 
purposes for which it is built. It is a four story building, made 
of brick, on a foundation of hard limestone, and covered with 
slate, is seventy-eight feet wide, by one hundred and fifty feet 
long. It is beautifully located, in sight of the Central Railroad, 
and about four miles from Bryan. It is believed that with the 
appropriations asked for, by next September, at farthest, the Col- 
lege building, with bearding hall and Professors' houses, all con- 
structed of the most durable material, and in the best style, will 
be ready for service, with yards and grounds fenced and adorned, 
and the necessary out-buildings complete. 

I hope it will please your honorable bodies to make the neces- 
sary appropriations to complete and put in condition for active 
operations, this, the first State institution of learning in Texas, 
in order that the College may be put in service certainly next 
fall, and be assigned and proceed to the performance of its part 
in the educational system of the State. The money already ex- 
pended there must be supplemented with the appropriations sug- 
gested to utilize it, and I have no hesitation in saying that the 
entire cost of all the buildings and grounds, is a judicious and 
profitable expenditure, in that it furnishes the means of supply- 



Education in Texas 599 

ing immediately in Texas, the great want of an institution of 
learning of the highest grade. 



Very respectfully, 

Rich'd Coke. 1 
journal 

of the 

CONSTITUTIONAL CONVENTION 

1875 

FOURTH DAY 

Hall op Representatives, 

Austin, Texas, September 9, 1875. 



Mr. Moore offered the following resolution: 
Resolved, That the following shall form a section of the consti- 
tution and be a part thereof: 

Section — . "The lands granted to the several counties of this 
State for educational purposes, and known as county school 
lands, be and are hereby vested in the counties to which they 
were respectively granted, and said counties are authorized to 
sell or otherwise dispose of the same, and apply the proceeds 
thereof to the purposes of said trust. ' ' 

Read and referred to the Committee en Counties and County 
Lands. 2 



Ubid.. 80-82. 

Journal of the Constitutional Convention of the State of Texas, be- 
gun and held at the City of Austin, September 6th, 1875, 29. 



600 University of Texas Bulletin 

FIFTH DAY 



Hall of Representatives, 

Austin, Texas, September 10, 1875. 



Mr. Brown also offered the following resolution : 
Resolved, "Sec. — . That in establishing salaries for teachers, 
no distinction shall be made in the pay of male and female teach- 
ers of the same grade. ' ' 

Referred to the Committee on Education. 1 



Mr. Weaver offered the following resolution: 

Whereas, Free thought, free speech, and free government, 
are the growth of general education, and constitute the cardinal 
principles of constitutional liberty and universal intelligence, 
and is thus the foe to bigotry, despotism and central political 
power ; that neither intelligence, liberty, nor love of country, can 
be promoted and upheld in any country without general educa- 
tion; and 

Whereas, The State of Texas has a school fund of lands 
and revenue amply sufficient to educate the children of the State, 
of all classes and colors forever, without the necessity cf direct 
taxation from the people for school purposes ; and that the lands 
set apart for school purposes and the revenues comprising the 
school fund, are the common property of every citizen of the 
State; therefore be it 

Resolved, That this constitution take into its own hands 
the entire public .domain of the State of Texas, together with all 
the lands heretofore appropriated for school purposes, and fix 
the price of the same, so as to bring it into market as it can be 
judiciously done, which public revenue shall go to the support 
of the public free school of the State, to include all classes of 
schools, whether universities, academies or common schools, and 
whether scientific, agricultural, mechanical or literary. 

l IUd., 41. 



Education in Texas 601 

Resolved, 2. That this Convention, by proper ordinances, 
so guard the fund arising from said school revenue as to prevent 
it from being squandered or appropriated to any other purposes ; 
and thereby securing forever to all the children of this State the 
greatest wealth of a free country, educated citizens ; and, pro- 
vided, that separate free schools shall be established for the edu- 
cation of the negroes. 

Referred to Committee on Education. 1 



SIXTH DAY 



Hall of Representatives, 

Austin, Texas, September 11, 1875. 



Mr. Chambers offered the following resolution : 

Resolved, That the following provisions shall be adopted : 

"1. All the public lands heretofore appropriated by law to 

common school purposes, shall be forever held sacred for that 

purpose, and no Legislature shall ever pass any law to divert it 

from that purpose. 

"2. That the Legislature shall provide by law from time to 
time for the sale cf said lands and for the safe-keeping and dis- 
bursement of the proceeds of the sales of the same. ' ' 
Referred to Committee on Education. 2 



Mr. Erhard submitted the following proposition, to make our 
schools useful, practicable and economical: 

Resolved, "1. That the control of the schools shall be left to 
the management and control of each county and its sub-divided 
school districts. 

"2. That the school patrons in each sch:ol district, or separate 
school, shall choose their own teacher or teachers. 



'/Bid., 45. 
: Ibid., 53. 



602 University of Texas Bulletin 

"3. That the scholastic year shall consist of two sessions of 
twenty weeks each. 

"4. That no county shall pay for the building of school houses 
or benches, much less the State ; each community must provide 
such fpr itself. 

"5. That the patrons of any school shall determine the salary 
of the teacher or teachers. 

' ' 6. That unless otherwise provided for hereafter, each pa- 
tron, able to pay, shall pay two dollars for each child per 
month, and that the paying patrons shall select three of their 
number to determine who are unable to pay. 

"7. That the deficiency cf the teachers' salary per session 
shall be paid out of the county treasury, provided a certificate 
be presented by the teacher, signed by the appointed commit- 
tee of three of the school in which he is employed. 

"8. That the county treasurer shall report such moneys paid 
out by the County Court, and after a due estimate, the citizens 
of such school district shall be taxed sufficient to cover said defi- 
ciency. 

"9. Should there be any public school fund, then the Comp- 
troller of the State shall turn the same over to the several 
counties pro rata, according to the number of scholars in each 
county, and the county shall put said pro rata to the credit on 
tax rolls to such persons who have paid tuition for their children. 

"10. That teachers of freeoknen's schools shall be examined 
by competent persons appointed by the County Court of the 
county wherein they teach, and if incapable, shall be discharged. 

"11. Each county wherein schools exist for colored youths, 
they shall select three citizens, who shall, as often as they deem 
best, go and examine that the teachers perform their duties 
diligently, or to hear the complaints of parents or guardians, 
and for want, or neglect, or cruel punishment, or immorality, 
shall discharge said teachers. 

"12. There shall be no compulsory education. 

"13. All persons between six and twenty-one years of age 
can avail themselves of school education; provided, those who 
have to be maintained by public taxation shall, after having 
acquired a knowledge of reading, writing and arithmetic, then 



Education in Texas 603 

be discharged, so that the public may not be further taxed for 
them. 

"14. 'That whenever there shall be a sufficient public school 
fund to pay the tuition of all youths in the State, then no one 
shall be required to pay or be taxed for tuition, but all other 
regulations shall continue in force. 

' ' 15. There shall be separate schools for the white and colored 
children. 

"16. That the next Legislature select teachers from Austin 
and other prominent institutions of learning in Texas, and re- 
quest them to make a report in writing, which they consider the 
best books for schools, and after considering said reports, the 
Legislature shall adopt a uniform system of school books for 
the State of Texas, to be used in all schools, except high col- 
leges or universities; those institutions being independent, may 
select their own course. 

"17. That at a suitable time the Legislature may establish 
a normal school for the proper training and education of male 
and female teachers for elementary schools." 

Referred to Committee on Education. 1 



Mr. Crawford offered the following resolution: 

Resolved, That the Committee on Revenue and Taxation be 

required to report on the propriety of establishing a perpetual 

public school fund on the following basis: 

1. Apply exclusively the suffrage poll tax of two dollars. 

2. Apply from the State revenue an amount not to exceed 
one-tenth of the same. 

3. Apply the interest arising from the present school fund, 
and such interest as may arise from any fund hereafter created 
by the sale of school lands, as well as the rent money entire 
which may arise from the lease of said lands. 

4. Authorize any school district which may be created by 
law to levy a special tax, not to exceed twenty-five cents on the 
one hundred dollars, for school purposes, provided that said 
special tax shall not be levied except by the consent of a major- 
ity of the voters of said district, who shall represent or own a 

i ma., 55-57. 



604 University of Texas Bulletin 

majority of the taxable property in said district, to be ascer- 
tained at a public election held for that purpose. 
Referred to Committee on Revenue and Taxation. 1 



Mr. DeMorse offered the following concerning education: 
"Public education being the most reliable safeguard of re- 
publican government, it is provided that all grants of land here- 
tofore made for that purpose by the Congress of the Republic 
and the Legislature of the State shall be , preserved for their 
predestined uses, and that one-tenth of the annual revenue of 
the State shall be divided between the several counties of the 
State in proportion to population, to be subdivided among the 
several school districts according to the number of scholars re- 
ported within the ages of eight and fourteen years, and that 
provision shall be made by law for the division of the several 
counties into school districts, which through trustees may tax 
themselves for educational purposes to such an extent as two- 
thirds of the free-holders of each school district may authorize 
by annual vote not exceeding one-half of one per cent. ; and 
it is enjoined upon the several Legislatures of the Sta+e to care- 
fully consider all practicable schemes for providing a perma- 
nent and extended system of public education for as great a 
portion of each year as may be practicable with reference to 
population and property, and as a part thereof a special an- 
nual poll tax of not less than two dollars per capita for educa- 
tional purposes shall be levied by act of the State Legislature 
to be added to the annual reservation of one-tenth of the g-uieral 
revenue assigned to school purposes. 
Referred to Committee on Education. 2 



Mr. Arnim offered the following resolution : 

Resolved, That in order to establish a uniform system <f pub- 
lic free schools throughout the State the Committee on Educa- 
tion be instructed to inquire into the expediency of the State 



'Ibid., 60-61. 
2 IMd., 83-64. 



Education in Texas 605 

reassigning the control of all lands granted to counties for edu- 
cational purposes ; but if such re-assumption of control be 
deemed injudicious and impracticable, then the amount derived 
from such counties, from the utilization of their school funds as 
a yearly revenue, subject to be used for educational purposes, 
shall be deducted out of the sum appropriated to stieli counties 
in the distribution of the revenues derived from the perpetual 
State school fund. 

Resolved further, That no taxes shall be levied or collected 
in this State for educational purposes, except as a poll-tax. 

Referred to Committee on Education. 1 



SEVENTH DAY 



Hall of Representatives, 

Austin, Texas, September 13, 1875. 



Mr. Wade offered the following resolution : 

Resolved, That a system of free public schools is essential to 
the prosperity of a State, and that the lands heretofore set 
apart for school purposes be utilized under a proper system of 
lease which will raise a distributive fund for the support of 
free public schools, and that the title to said land never be 
permitted to pass from the State. 

Referred to Committee on Education. 2 



Mr. Lynch offered the following resolution: 

Resolved, That the Comptroller of Public Accounts be author- 
ized and instructed to invest all funds belonging to common 
schools, now in United States bonds, together with amount of 



'Ibid., 65-66. 
-Ibid., 79. 



606 University of Texas Bulletin 

cash on hand, in Texas bonds, said amount to be held sacred 
as part of permanent school fund of this State. 
Referred to Committee on Education. 1 



Mr. McKtnney offered the following resolution : 
Resolved, That the title to all lands heretofore donated to the 
several counties in this State for school purposes shall remain 
inviolate in the respective counties as a vested right and may 
be disposed of by the County Court of each county under such 
rules and regulations as may be prescribed by law, and the 
proceeds arising from the sale cf the same shall belong to the 
respective counties to which said lands were originally granted, 
and shall form a permanent school fund belonging to each re- 
spective county, which shall be under the control and supervi- 
sion of the County Court of each county, and shall be loaned 
only on unincumbered real estate security of double the value 
of the loan, with personal security in addition thereto; the 
interest arising from the same shall be an available school fund 
belonging to the respective county to which said land was orig- 
inally donated, and may be annually expended for the benefit 
and support of public free schools in said county, under such 
rules and regulations as may be prescribed by law. 

Referred to Committee on Counties and County Lands. 2 



Mr. Whitfield offered the following resolution : 
Resolved, That the Superintendent of Public Instruction be 
requested to furnish to this Convention the scholastic popula- 
tion of the State, the amount of money distributed per capita 
for the year 1875, and the amount of money required to main- 
tain public free schools in this State for four months each year, 
and the amount due teachers for services already performed. 
The resolution was adopted. 3 



x IUd., 80-81. 
■Ibid., 84. 
3 IMd., 85. 



Education in Texas 607 

EIGHTH DAY 

Hall of Representatives, 

Austin, Texas, September 11, 1875. 



Mr. Smith offered the following resolution : 

Resolved, That the Committee on Education be instructed to 
inquiry into the propriety and utility of incorporating in the con- 
stitution the following provisions : 

"Section — . The Legislature shall establish and maintain a 
State University as soon as the university fund will permit ; also, 
establish and maintain one school of a high grade of learning, and 
such primary schools in each county in this State as will insure 
the gratuitous instruction of all persons in this State within the 
scholastic age prescribed by law. 

' ' Sec. — . The President of the University shall be the Presi- 
dent of the 'Board of Education,' and shall have the supervision 
and control of public instruction throughout the State, in such 
manner and under such restrictions as the Legislature may pre- 
scribe. 

' ' Sec. — . The moneys and lands heretofore granted, or which 
may hereafter be granted, for the endowment and support of a 
university, shall constitute a special fund for the endowment and 
maintenance of said university; and the Legislature shall not 
have power to appropriate the university fund, nor the interest 
thereon, for any other purpose than the endowment and support 
of said university. 

"Sec. — . The proceeds arising from the sale or rent of 
county public school lands shall be expended for the use of public 
schools in the county to which the lands belong, in such manner 
as the Legislature may direct. 

"Sec. — . All the lands heretofore, or which may hereafter 
be, set apart by the Legislature for public schools, and all moneys, 
bonds and other property now belonging to the public school 
fund, all lands escheated to the State, the net proceeds from sales 
of estrays, unclaimed dividends or distributive shares of the 



608 University of Texas Bulletin 

estates of deceased persons, or from fines, penalties and forfei- 
tures, all gifts, grants or devises that may hereafter be made to 
this State, and not otherwise appropriated by the terms of the 
grant, shall be sacredly preserved as a public school fund and 
faithfully appropriated in the manner prescribed by law to 
establish and maintain free public schools in this State, and for 
no other purpose ; provided, That the proceeds arising from sales 
of estrays or from fines, penalties and for forfeitures shall be 
appropriated in the counties where the sales are made, and the 
fines and forfeitures are collected. 

"Se2. — . The Legislature shall, as soon as the public funds 
are sufficient, carry into effect the provisions of this constitution 
by appropriate legislation." 

Referred to Committee on Education. 1 



Mr. German offered the following resolution : 

Resolved, That the Committee on Education be required to 
inquire into the propriety of including the lands set apart for 
the purpose of building two universities and the proceeds of 
the sale thereof as a part of the permanent school fund for 
the purpose of keeping up public schools. 

Referred to Committee on Education. 2 



NINTH DAY 

Hall of Representatives, 

Austin, Texas, September 15, 1875. 



The following is the report of the Superintendent of Educa- 
tion, complying with a resolution of the Convention passed on 
the 13th instant. 



UMd., 104-105. 
'Ibid., 106-107. 



Education in Texas $09 

Department op Education, State op Texas, 

Austin, September 14, 1875. 

To the Hon. E. B. Pickett, President of the Convention: 

Sir — I have the honor to acknowledge the receipt of a resolu- 
tion passed by the Honorable Convention on the 13th inst., 
requesting: certain information relative to the school affairs of 
the State, as follows, to wit : 

Resolved, That the Superintendent of Public Instruction be 
requested to furnish this Convention (1) the scholastic popula- 
tion of the State; (2) the amount of money distributed per cap- 
ita for the year 1875; and (3) the amount of money required 
to maintain public free schools in this State for four months 
each year; and (4) the amount due teachers for services already 
performed." 

Responding to said resolution, I have the honor to reply as 
follows, viz : 

1. The census of the scholastic population of the State was 
taken between the dates July 4, 1874, and November 20, 1874, 
in almost every county. The total scholastic population of 
counties from which reports were received, and estimates from 
the best data in this Department for counties from which reports 
were not received, give in the aggregate three hundred and 
thirteen thousand and sixty-one children (313,061). 

The law requires the census of scholastic population be taken 
annually, on the first Saturday in July. The census returns, 
due for 1875, have not all been received at this Department. 
The number is largely increased over the report of 1874; and 
we estimate the present scholastic population at three hundred 
and fifty thousand (350,000). 

2. The amount appropriated from the State School Fund for 
the year ending August 31, 1875, was five hundred thousand 
dollars ($500,000), but for convenience in distributing, the 
sum of $499,959.05 only was apportioned, which gave, per 
capita, one dollar and fifty-nine cents ($1.59), to the scholastic 
population. 

3. In response to the third inquiry of the honorable Conven- 
tion, I beg to suggest that we find some difficulty in answering. 
Under the law as it now stands the salaries of teachers vary to 



610 University of Texas Bulletin 

an extent that renders it impossible to determine what might 
be the actual expenses of public schools for four months. 

The returns in this Department for the year ending August 
31, 1874, show the cost per pupil in the public free schools, as 
averaged throughout the State, was $1.56 per month, or $6.24 
for four months. The returns in the aggregate for the scholas- 
tic year ending August 31, 1875, show a great variation in the 
price of tuition per capita in the several counties of the State. 
In counties where there has been proper administration by the 
local officers, the rate per month for each pupil has not exceeded 
seventy-eight cents; while in other counties where there was 
a neglect of public interests and a total disregard to economy, 
the cost per capita has been reported as high as two dollars per 
month. We are satisfied, however, that throughout the State 
the cost per pupil for each month in the public free schools, 
during the scholastic year ending August 31, 1875, has not ex- 
ceeded one dollar and fifty cents, ($1.50), or six dollars for four 
months, pe>\ capita. 

The annual report from the county officers were not due to 
this department until the close of the scholastic year, August 
31, 1875; I am, therefore, unable to give the total cost of that 
year from actual reports. We may, however, safely estimate 
that under a proper administration, which can be secured by a 
wise law, the rate of tuition per month, per capita, need not, nor 
should it exceed in the aggregate $1.50, giving as the total ex- 
pense for four months tuition of 350,000 children the sum of 
two million and sixty thousand dollars ($2,060,000). 

4. I regret my inability to answer, at present, the amount 
due teachers for services already performed. As heretofore 
stated, the annual reports from county officers, which contain 
the data from which that amount will be ascertained, were not 
due until after the 31st ultimo ; I trust, however, that said re- 
ports will reach the department in time to furnish the informa- 
tion requested at an early day. 

Very respectfully, 

O. N. HOLLINGSWORTH, 

State Supt. Pub. Inst. 



Education in Texas 611 

On motion of Mr. Russell, of Wood, two hundred copies of the 
report was ordered printed. 1 



Mr. Erhard offered the following resolution : 

Resolved, That there shall be a General Superintendent of 
Schools, and the Governor and Secretary of State shall be ex 
officio members of said board. 

1. That whenever the State establishes a State University, 
he shall, with the consent and advice of the Senate, appoint 
seven Curators. 

2. The Legislature shall carefully guard over the University 
lands, inquire into it whether any are sold; if for cash, how the 
funds were deposited ; if sold on credit, to enforce the payment 
forthwith, whenever payment is due. 

3. Until we have an University the Superintendent shall 
guard the interest of the University lands; and if any is sold 
the whole proceeds thereof shall be applied for the use and 
benefit of the University. 

4. If at any time there shall be a surplus fund not needed 
by the University, then said money shall be invested either in 
United States bonds or bonds of the State of Texas. 

5. The foregoing section shall also apply to funds pertaining 
and belonging to the public school fund, or the public school 
fund may be loaned on real estate, to be first appraised by 
three disinterested persons where the property mortgaged lies, 
and shall be double the value of the amount loaned out. 

6. No public school fund or university fund or funds belong- 
ing to either shall in anywise be used for any sectarian in- 
stitution. 

7. That the scholastic year shall begin on the first Monday 
in October of each year. 

8. That each teacher of a public school shall teach at least 
six hours a day, but the hours to begin or end shall be deter- 
mined by the patrons of each school district. 

Referred to Committee on General Provisions. 2 



Ubid., 113-115. 
'Ibid., 119-120. 



612 University of Texas Bulletin 

TENTH DAY 



Hall op Representatives, 

Austin, Tex\s, September 16, 1875. 



Mr. Lockett offered the following resolution'. 

Resolved, That the public free schools of this State shall be 
taught at least four months during the scholastic year, and that 
the Legislature shall pass laws to enforce and carry out this 
provision. Provided, further, that the school officers of towns, 
cities and districts may continue them for a longer period; and 
that the Directors may levy a tax for the continuance of the same. 

Referred to Committee on Public Schools. 1 



ELEVENTH DAY 

Hall op Representatives, 

Austin, Texas, September 17, 1875. 



Mr. Morris offered the following article : 
"Article — . 

"Sec. — . It shall be the duty of the Legislature of this 
State to make suitable provisions for the support and main- 
tenance of a system of public free schools for the gratuitous in- 
struction of all the inhabitants of this State between the ages 
of eight and sixteen years. 

Sec,. — . There shall be a Superintendent of Public Instruc- 
tion, who shall be elected by the people. The Superintendent 
shall hold his office for the term of four years. He shall receive 
an annual salary of three thousand dollars. In case of vacancy 

l Ibid., 123. 



Education in Texas 613 

in the office of Superintendent, it shall be filled by appointment 
of the Governor, until the next general election. 

"Sec. — . The Superintendent shall have supervision and 
control of the public free schools of the State, and shall perform 
such other duties concerning public instruction as the Legisla- 
ture may direct. The Legislature shall lay off the State into 
convenient school districts, and shall provide for the formation 
of a board of school directors in each district. It may give the 
district board such legislative powers in regard to the schools, 
school-houses and school fund of the district, as may be deemed 
necessary and proper. It shall be the duty of the Superintendent 
of Public Instruction to recommend to the Legislature such pro- 
visions of law as may be found necessary, in the progress of 
time to the establishment and perfection of a complete system 
of education, adapted to the circumstances and wants of the 
people of this State. He shall at each session of the Legislature 
furnish that body with a complete report of all the free schools 
in the State, giving an account of the condition of the same, and 
the progress of education within the State. Whenever required 
by either house of the Legislature, it shall be his duty to fur- 
nish all information called for in relation to public schools. 

Sec. — . The Legislature shall establish a uniform system of 
public free schools throughout the State. 

Sec. — . As a basis for the establishment and endowment of 
said free schools, all the funds, lands and other property hereto- 
fore set apart and appropriated, or that may hereafter be set 
apart and appropriated, for the support and maintenance of 
public schools shall constitute the public school fund; and all 
sums of money that may come to this State hereafter from the 
sale of any portion of the public domain of the State of Texas 
shall also constitute a part of the public school fund; and the 
Legislature shall appropriate all the proceeds resulting from 
sales of public lands of said State to such public school fund; 
and the Legislature shall set apart for the benefit of public 
schools one-fourth of the annual revenue derivable from general 
taxation, and shall also cause to be levied and collected an an- 
nual poll tax of one dollar on all male persons in the State be- 
tween the ages of twenty-one and sixty years; also, a tax of 
two per cent, on the gross earnings of all railroads, steamship 



614 University of Texas Bulletin 

lines and insurance companies of this State ; also, all fines col- 
lected for carrying concealed weapons and disturbances of the 
peace ; also, all moneys collected for license for selling malt and 
spirituous liquors, for the benefit of public schools ; and said fund 
and the income derived therefrom and the taxes and other mon- 
eys herein provided for school purposes shall be a perpetual 
fund, to be applied as needed, exclusively for the education of 
all the scholastic inhabitants of this State, and no law shall ever 
be made borrowing or appropriating such fund for any other 
purpose or use whatever. 

Sec. — . The Legislature shall, if necessary, in addition to the 
income derived from the public school fund and from taxes for 
school purposes provided for in the foregoing section, provide 
for the raising of such amount by taxation in the several school 
districts in the State as will be necessary to provide the neces- 
sary school houses in each district and insure the education of 
all the scholastic inhabitants of the several districts. 

Sec. — . The public lands heretofore given to counties shall 
be under the control of the board of school directors of their 
respective counties, and shall never be sold except by act of 
Legislature, four-fifths of the members elected to such Legisla- 
ture voting in favor of granting such authority ; in such case, 
the proceeds shall become a permanent school fund of the county 
to which said lands belonged, and to be invested in the bonds of 
the State of Texas, and the interest shall be used each year to- 
ward maintaining the free schools of such county. The board of 
school directors shall have authority to rent or lease the school 
lands of their counties," under such regulations as the Legisla- 
ture may prescribe, and the proceeds to. be used as directed in 
this section ; provided, that no lease shall run for a longer pe- 
riod than ten years. 

Sec. — . The Governor, Attorney General, and Superintendent 
of Public Instruction shall constitute a board, to be styled the 
Board of Education, and shall have the general management 
and control of the perpetual school fund ; they shall define the 
course of studies in the public schools, and direct the class and 
kind of apparatus and books to be used therein ; to prescribe the 
duties of the boards of school directors, having authority to 
remove them and appoint others to fill vacancies, and generally 



Education in Texas 615 

do all things to establish and maintain a system of public free 
schools for at least four months in each and every year, not 
inconsistent with the provisions of this constitution, under such 
regulations as the Legislature may hereafter prescribe. 

Sec. — . The Superintendent of Public Instruction, the Comp- 
troller of Public Accounts, and the Commissioner of the General 
Land Office, shall constitute a board to be styled the Board of 
Commissioners, they shall have control of all the public land 
known as the alternate sections, and such other lands, (except 
the four leagues belonging to each county in the State,) hereto- 
fore set apart, or that may hereafter be set apart for the use 
and benefit of the common schools; they shall be authorized to 
sell these lands at not less than fifty cents per acre, under such 
regulations as the Legislature may prescribe, and the title to 
such lands shall be made in the name of the State of Texas. The 
Commissioner of the General Land Office shall keep a correct 
and separate record of all such sales. 'The Board of Commis- 
sioners will on the accumulation of every ten thousand dollars 
invest the same in the bonds of the State of Texas, and deposit 
the same with the State Treasurer. 

Sec. — . The Legislature shall at its first session, and from 
time to time thereafter as may be necessary, provide all needful 
rules and regulations for the purpose of carrying into effect 
the provisions of this article. It is made the imperative duty 
of the Legislature to see to it that all the children yi the State, 
within the scholastic age are, without delay, provided with am- 
ple means of education. The Legislature shall annually appro- 
priate for school purposes, and to be equally distributed among 
all the scholastic inhabitants of the State, the interest accru- 
ing on the school fund and the income derived from taxation 
for school purposes; and shall from time to time, as may be 
necessary, invest the principle of the school fund in the bonds 
of the State of Texas, and the bonds already belonging to the 
school fund, and those to- be hereafter purchased as provided 
for in this article, are to be declared not to be of doubtful obli- 
gation." 

Eeferred to Committee on Education. 1 



Ubid., 136-139. 



616 University of Texas Bulletin 



Mr. Cline offered the following resolutions: 

1. A general diffusion of knowledge being essential to the 
preservation of the liberties of the people, the Legislature shall 
establish a system of public instruction, and maintain public 
schools during not less than six months in each year, for the 
free education of all minor children in this State between the 
ages of six and eighteen years. 

2. The supervision of public instruction shall be vested in a 
board, composed of the Superintendent of Public Instruction as 
President, with the Governor, Secretary of State and Attorney 
General ex officio — whose powers and duties shall be. defined by 
law. 

3. Every county shall constitute a district, and shall have a 
district superintendent and board of directors, whose selection, 
qualifications, powers and duties shall be prescribed by law; 
provided, that a city may become a district, and that several 
districts may have the same district superintendent. 

4. The Board of Public Instruction may remove any district 
superintendent or director for cause, and fill a vacancy by ap- 
pointment for the unexpired term. 

5. The State free school fund shall consist of all escheats, 
lands and land certificates and bonds heretofore set apart for 
public schools, and the income from said fund, together with not 
less than one-fourth of the revenue of the State, shall be an- 
nually appropriated and distributed among the districts and 
expended for schools. 

6. The county school fund shall consist of four leagues of 
land — granted and to be granted in trust for public schools — 
and any other vested property in the several counties, and the 
income from such fund, together with the proceeds from sale of 
estrays, fines and forfeitures, all tax on dogs, polls and occupa- 
tions, and not less than one-fourth of the ad valorem taxes on 
property, shall be annually expended for its schools. 

7. The State and county permanent school fund shall be in- 
vested in bonds of the United States and bonds of the State of 
Texas; the county fund may also be invested in first mortgages 



Education in Texas 617 

on unincumbered real estate in the county — paying taxes on 
double the value of the loan — together with personal security. 

8. No grant shall be made from any public fund to any insti- 
tution, church or school controlled by any ecclesiastical body, 
nor in aid of any particular opinions of conscience, creed or 
church. 

Referred to Committee on Education. 1 



FOURTEENTH DAY 

Hall of Representatives, 

Austin, Texas, September 21, 1875. 



Mr. Johnson, of Collin, offered the following resolution : 



Also the following: 

Resolved, That the Committee on Education be instructed to 
embody the substance of the following propositions in the edu- 
cational part of the constitution, to wit : 

That the school law should be revised so that fewer officers 
and commissions will have to be paid out of the school fund; 
that the district trustees should have power to appoint and 
remove teachers in their districts; that the Board of School 
Directors be abolished and their duties performed by a county 
superintendent. That the office of State Superintendent be 
abolished, and his duties be transferred to the State Treasurer, 
and that all grants of land heretofore or hereafter to be made 
by the State Legislature for public school purposes be so guard- 
ed by constitutional provision that they can not, under any cir- 
cumstances, be diverted from their intended objects and purposes. 
Referred to Committee on Education. 2 



UUd., 142-143. 
2 IUcl„ 185. 



618 University of Texas Bulletin 

TWENTY-SECOND DAY 



Hall of Representatives, 

Austin, Texas, September 30, 1875. 



Mr. Whitfield, chairman of the Committee on Education made 
the following report : 

Committee Room, 

Austin, September 30, 1875. 

To the Hon. E. B. Pickett, President of the Convention: 

Your Committee on Education, to whom was referred various 
resolutions, have carefully considered the same, and a majority 
of the committee instruct me to report the following and rec- 
ommend its passage : 

J. W. Whitfield, Chairman. 
L. W. Moore, 
Wm. Neal Ramey, 
W. B. Wright, 

A. C. Graves, 
Fran's J. Lynch, 

B. Abernathy, 
George Flournoy, 
Edward Chambers. 

" Article — . 
"education. 

"Section 1. A general diffusion of knowledge being essential 
to the preservation of liberties of the people, it shall be the 
duty of the Legislature of this State to make suitable provi- 
sions for the support and maintenance of public schools. 

"Sec. 2. All funds, lands and other property heretofore set 
apart and appropriated, or that may hereafter be set apart and 
appropriated for the support of public schools, all the alter- 
nate sections of land reserved by the State out of grants here- 



Education in Texas 619 

tofore made or that may hereafter be made to railroads or 
other corporations of any nature whatever, one-half of the pub- 
lic domain of the State, and all sums of money that may come to 
the State from the sale of any portion of the same, shall con- 
stitute .a perpetual public school fund. 

' ' Sec. 3. And there shall be set apart annually not more than 
one-tenth of the annual revenue derivable from taxation for 
general purposes, and such poll tax as may by law be levied 
under the provisions of this constitution, which shall also con- 
stitute a part of the public school fund. 

"Sec. 4. The lands herein set apart to the perpetual school 
fund shall be sold under such regulations, at such time, and upon 
such terms as may be prescribed by law, and the Legislature 
shall not have power to grant any relief to the purchasers there- 
of. The Comptroller shall invest the proceeds of such sale, and 
of those heretofore made, in the bonds of this State, if the same 
can be obtained, otherwise United States bonds, and the United 
States bonds now belonging to said fund shall likewise be in- 
vested in State bonds, if the same can be obtained. 

"Sec. 5. The principal of all bonds, or other funds, and the 
principal arising from the sales of lands hereinbefore set apart to 
said school fund, shall be the permanent school fund, and all 
the interest derivable therefrom, and the taxes herein provided, 
shall be the available school fund, which shall be applied annual- 
ly to the support of public schools, and no law shall ever be 
made appropriating any part of the permanent or available 
school fund to any other purpose whatever, except as hereinafter 
provided. 

' ' Sec. 6. All public school lands which have been heretofore, 
or may be hereafter, granted to the various counties of this State 
for public schools, are of right the property of said counties re- 
spectively, to which they are granted, and entitled thereto, and 
is hereby vested in said counties, subject to the trust created in 
the grant. 

"Sec. 7. As soon as the available school fund may be suffi- 
cient, the Legislature shall establish and maintain free public 
schools throughout the State for a period of not less than four 
months in each year, and may authorize any county to establish 



620 University of Texas Bulletin 

public schools in such county whenever the available fund appor- 
tioned to such county as herein provided, together with the fund 
realized from the sale of the lands of the county, shall be suffi- 
cient to maintain public schools in such county for not less than 
four months in each year. But until such time the available 
school fund hereinbefore provided shall be distributed to the sev- 
eral counties of the State according to the scholastic population. 
The distribution to be made by the Governor, the Comptroller 
and the Treasurer, who for this duty shall constitute a school 
board. The fund shall be distributed to the counties and applied 
in aid of private schools in such mode as the Legislature may 
provide. 

"Sec. 8. All lands heretofore granted for the benefit of the 
Lunatic Asylum, the Blind Asylum, the Deaf and Dumb Asylum 
and the Orphan Asylum, together with such donations as may 
have been or may hereafter be made to either of them, are 
hereby set apart to provide a permanent school fund for the 
support and maintenance and improvement of said asylums ; but 
the Legislature shall have the power, whenever deemed advis- 
able, to provide for the sale in part or in whole of said lands. 
The proceeds, of said lands when realized, together with all 
moneys severally donated to such asylums or either of them, 
shall be invested in bonds of the State of Texas, if obtainable ; 
if not, in bonds of the United States, in such manner as the 
Legislature shall provide. And the proceeds of the interest 
thereon shall be a several available fund for each of said asy- 
lums, and for no other purpose. 

"Sec. 9. Separate schools shall be provided for the white and 
colored children, and impartial provision shall be made for both. ' ' 

Mr. Stansom, from the same committee, submitted the follow- 
ing minority report: 

Committee Room, 

Austin, September 30, 1875. 

To the Hon. E. B. Pickett, President of the Convention: 

The undersigned, members of your Committee on Public Edu- 
cation, beg leave to state that they are unable to concur in the 
report submitted by the majority of said committee, for the fol- 
lowing reasons, viz : 



Education in Texas 621 

They believe the education of children to be a private duty — 
devolved upon the parent by God, as is manifest both from the 
laws of nature and revelation — and to the end that the parent 
may be enabled to discharge this great duty, the same laws con- 
fer on him the right to control his children ; and they do not 
believe that a democratic government can, without violating 
the great principles of personal freedom and individual right 
upon which it is founded, either relieve the parent of this duty 
by laying it upon the shoulders of another, or deprive him of 
this right by assuming it. 

They are unable to see how a government established for the 
protection of private property can, without subverting the pur- 
poses of its creation, take by taxation the private property of a 
portion of its citizens and apply it to the use of another por- 
tion of its citizens, unless it be given in compensation for serv- 
ices rendered the State or for the preservation of life. 

They are satisfied that no system of public free schools, which 
does not enforce the regular attendance at the schools of all the 
children within the scholastic age, will or can secure the object 
sought to be attained. And they find it very difficult to 
discover the right of a free government to impose public duties 
upon those of its citizens Avho have not attained their majority 
which it does not even claim the right to impose upon older 
citizens. 

They believe that a system of public education, by passing the 
control of the children into the hands of the State, and em- 
powering the State to prescribe the qualifications of teachers and 
the course of instruction, endangers religious liberty — as, in 
their view, religious liberty implies not only the right of the 
parent to worship God according to the dictates of his own con- 
science, but as well his right to direct the religious instruction 
of his children. 

They believe that a system of public education designed to 
embrace the entire scholastic population of the State and to be 
supported by taxation, is not adapted to the condition of the 
people of this State, and that they do not desire such a system. 

They believe that the benefits to be derived from any system 
of public education, even the most perfect, if not altogether 
valueless, are certainly a very poor compensation for the sacri- 
fice of principle necessary to its adoption by a free people. 



622 University of Texas Bulletin 

They are so far, however, from undervaluing the importance 
of education, that they deem it the duty of the Convention to 
make out of the public means at the disposal of the State, the 
most ample provision for the free tuition of all the indigent or- 
phan children of the State, and prospectively for, at least, the 
partial instruction of all the children of the State; and this 
they believe may be accomplished without the violation of any 
valuable principle by the adoption of the articles herewith re- 
spectfully submitted. 

R. Sansom 
Asa Holt 
A. J. C. Dunnam 
G. B. Cooke 

"Article — . 

"Section 1. To promote the general diffusion of knowledge, 
the lands heretofore set apart by the Republic or State of Texas, 
and the moneys, bends and other property now owned by the 
State, which have been devoted to the use or support of public 
free schools, and in addition thereto one-half of the public do- 
main now subject to disposal by the State, shall constitute the 
basis of a permanent fund, to be called the general educational 
fund; provided, that the title to lands given to the State for the 
use and benefit of public free schools, shall be surrendered to the 
donors at their option ; but the right of the State to improve- 
ments put upon said lands by the State shall not be thereby 
affected. 

"Sec. 2. The Legislature shall provide for the sale of all 
lands set apart in section one of this article, which have been 
located, or which may hereafter be located, by railroad or other 
corporations, and for the sale of all other property therein set 
apart. And all moneys derived from the sale of the same shall 
be invested in bonds of the State or of the United States. 

"Sec. 3. The interest accruing on the general educational fund 
shall be distributed annually by the Comptroller of Public Ac- 
counts between the respective counties of the State, according 
to their scholastic population, and shall be distributed as follows : 
First, to the payment of tuition for four months in each year 



Education in Texas 623 

of all the indigent orphan children of the State, between the ages 
of eight and sixteen years. The remainder to be applied, pro- 
rata, to the payment of tuition of all the children of the State 
within said ages. But the State shall not levy a tax to support a 
system of public free schools." 

Mr. Cline gave notice that he would submit a separate minor- 
ity report at a future time. 

Mr. Whitfield moved to have two hundred copies of the ar- 
ticles, reported by the majority and minority, printed, and 
that they be made the special order for Tuesday next at 10 
•o'clock A. M. 

Carried. 1 



TWENTY-SIXTH DAY 

Hall op Representatives, 

Austin, Texas, October 5, 1875. 



Pending discussion on the amendment, the hour arrived for the 
special order, viz: The article on education. 

On motion of Mr. Whitfield, the special order was postponed 
until Friday next at 10 o'clock a. m. 2 



TWENTY-NINTH DAY 

Hall of Representatives, 

Austin, Texas, October 8, 1875. 



The hour having arrived for consideration of the special 
order, viz: "Article — Education" — 



HUd., 243-247. 
2 IUd., 291. 



624 University of Texas Bulletin 

Mr. Dohoney moved to postpone the consideration of the spe- 
cial order to 10 o'clock, Wednesday next. 

Lost. 

Mr. Flanagan moved to postpone the special order until the 
pending question was disposed of. 

Carried 1 



The special order then taken up, viz: "Article — , Education." 
On motion of Mr. Brown the Convention adjourned till 2Y 2 
o 'clock P. M. 

EVENING SESSION— 2 %■ O'CLOCK. 

Convention met pursuant to adjournment ; roll called ; quorum 
present. 

Article on Education again taken up. 



Mr. Cline, of the Committee on Education, presented the fol- 
lowing minority report : 

Committee Room, 

Austin, October 8, 1875. 
To the Hon. E. B. Pickett, President of the Convention: 

The undersigned, member of your Committee on Education, 
has not been able to concur in either of the two reports sub- 
mitted. He believes the time has now come which the fathers of 
Texas contemplated when they created our magnificent school 
fund, for the organization of education in Texas. He, there- 
fore, recommends the adoption of the accompanying ordinance. 
Very respectfully submitted, 

Henry Cline. 
Article — . 
"education. 
"Sec. 1. A general diffusion of knowledge and intelligence 
being essential to the preservation of the rights and liberties of 



'Ibid., 314-315. 



Education in Texas 625 

the people, the Legislature shall establish a thorough and efficient 
system of public instruction, and shall maintain public schools 
during not less than four months in every year, for the free 
education of all children in this State between the ages of nine 
and fifteen years, and other children may attendl said schools 
upon conditions prescribed by law. 

"Sec. 2. The supervision of said system and schools shall be 
vested in the Superintendent of Public Instruction, the Board 
of Education, County and City Superintendents, and such other 
officers as may be provided by law. 

"Sec. 3. The Superintendent of Public Instruction shall be 
elected for .... years, and shall receive an annual salary of 
$...., until otherwise provided by law, and shall perform all 
duties that may be prescribed by law. A vacancy may be filled 
by appointment for the unexpired term by the Board of Educa- 
tion. 

"Sec. 4. The Board of Education shall consist of the Super- 
intendent of Public Instruction, the Governor, Attorney General 
and Secretary of State, who shall prescribe rules and regu- 
lations for the organization and government of the schools, and 
perform all other duties prescribed by law. 

' ' Sec. 5. County and City Superintendents, and other officers, 
may be elected or appointed, with such term of office, compensa- 
tion, powers, and duties as may be prescribed by law. The 
Board of Education may remove any of such officers for cause, 
and fill any vacancy by appointment for the unexpired term. 

"Sec. 6. All lands, bonds and other property heretofore set 
apart for schools by the Republic and State of Texas, or that 
may hereafter be so set apart, and the proceeds from sales of 
public lands, and the proceeds of escheats, shall constitute the 
permanent State school fund, and the income from said fund, 
together with not less than one-fourth of one per cent, tax upon 
all subjects of general taxation, shall annually be distributed 
among the several counties and cities, according to their scholas- 
tic population. 

"Sec. 7. All lands granted or to be granted to the several 
counties and cities for educational purposes, proceeds from sales 
of estrays, also other requisitions for such purposes, shall con- 



626 University of Texas Bulletin 

stitute the permanent county or city school fund; and the in- 
come from such fund, and all taxes on dogs, polls and occupa- 
tions, and the annual receipts from the permanent State school 
fund, together with such tax on other subjects of county or 
city taxation as may be authorized! by law, shall be annually 
expended for the support and maintenance of free public schools. 
' ' Sec. 8. The moneys that may at any time belong to the per- 
manent fund of the State and of the several counties and cities 
shall be invested in the bonds of the United States and of the 
State of Texas. 

"Sec. 9. The State and County school lands, also the uni- 
versity and asylum lands, shall be sub-divided into 80 or 160 
acre tracts, whereof the alternate tracts may be sold at public 
auction, under such regulations as may be prescribed by law, 
and the proceeds invested in United States and Texas State 
bonds, and the incomes severally applied to the support of said 
funds and asylums. 

''Sec. 10. No grant shall be made from any public fund for 
the benefit of any institution, church or school controlled by any 
ecclesiastical body, nor in aid of .any particular opinions of 
conscience, creed or church. 

Henry Cline. 

On motion of Mr. DeMorse, one hundred copies of the report 
and article were ordered printed. 

The article — , "Education," reported by the majority, taken 
up. 

Mr. Dohoney offered the following amendment : 

Add to section 1: "For at least four months in each year, 
for the free instruction of all the scholastic population between 
the ages of nine and fifteen years." 

Mr. Russell, of Wood, offered the article reported by the 
minority of the committee — viz. Messrs. Sansom, Bolt, Cooke of 
San Saba, and Dunnam — as a substitute for the article reported 
by the majority. 

(Mr. Reagan in the chair.) 

Mr. Chambers moved to lay Mr. Dohoney 's amendment to sec- 
tion 1 on the table. 

Carried by the following vote : 



Education in Texas 627 

Yeas: Allison, Abernathy, Arnim, Brown, Blake, Blasain- 
game, Barnett, Burleson, Bruce, Chambers, Cooke of San Saba, 
Cardis, Douglas, Dillard, DeMorse, Darnell, Davis of Brazos, 
Flournoy, Fleming, Ferris, German, Gaither, Graves, Holt, Hen- 
ry of Limestone, Holmes, Johnson of Franklin, Johnson of Col- 
lin, Kilgore, Killough, Lacy, Lynch, McLean, Martin of Navar- 
ro, Martin of Hunt, McKinney, Murphy, Norvell, Nugent, Rea- 
gan, Ramey, Robeson of Fayette, Ross, Russell of Wood, Spikes, 
Scott, Sessions, Stockdale, Stayton, Sansom, Wade, Weaver, 
Whitfield— 53. 

Nays: Ballinger, Brady, Crawford, Cline, Dohoney, Davis 
of Wharton, Erhard, Ford, Flanagan, Henry of Smith, King, 
Lockett, Mitchell, Moore, Nunn, Pauli, Reynolds, Rentfro, Rob- 
ertson of Bell, Smith, Waelder— 21. 

On motion of Mr. Dohoney, the Convention adjourned until 
9 o 'clock a. m. to-morrow. 1 



THIRTIETH DAY 

Hall of Representatives 

Austin, Texas, October 9, 1875. 



The article on "Education" was then taken up, the pending 
question being the motion of Mr. Russell, of Wood, to substitute 
the report and article reported by the minority for the article 
reported by the majority of the committee, it was put, and lost 
by the following vote: 

Yeas — Arnim, Blassingame, Barnett, Burleson, Bruce, Cooke 
of San Saba, Douglas, Flanagan, German, Holt, Henry of Lime- 
stone, Holmes, Killough, Norvell, Robertson of Bell, Russell of 
Wood, Spikes, Scott, Sansom — 19. 

Nays— Allison, Abernathy, Ballinger, Brady, Chambers, Cook 
of Gonzales, Cooley, DeMorse, Dohoney, Darnell, Davis of Brazos, 
Davis of Wharton, Ford, Flourney, Fleming, Ferris, Gaither, 

Ubid., 317-320. 



628 University of Texas Bulletin 

Graves, Johnson of Franklin, Johnson of Collin, Kilgore, Lock- 
ett, Lacy, Lynch, McLean, Martin of Navarro, Martin of Hunt, 
Morris, Mitchell, McKinney of Denton, McCormick, Murphy, 
Nugent, Pauli, Reagan, Ramey, Rentfro, Ross, Sessions, Smith, 
Stayton, Wade, Whitehead, Weaver, Whitfield, Waelder — 46. 

When Mr. Henry's (of Smith) name was called, he stated 
that he had paired off with Mr. Dunnam, who would vote yea, if 
present. 
Mr. Dohoney offered the following amendment to section 6 : 
"And the proceeds of these lands, when sold, shall constitute 
a part of the public school fund of the county to which the land 
belonged. ' ' 

Mr. Scott offered the following amendment: 
"The Legislature shall provide for the sale of the county 
school lands of this State by the county courts, to actual settlers 
in lots of 80 acres or 160 acres, at a price to be fixed by com- 
missioners, and the actual occupants of said lands shall have the 
refusal of said lands at the price fixed, and the said lands shall 
be valued without any regard to any improvements thereon. 
[Mr. Stockdale in the chair.] 

Mr. Ferris offered the following substitute for the amendment : 

Section 6, line 36, after the word "grant" add "provided that 

such lands shall be sold under such regulations, at such times, 

and upon such terms, as may be prescribed by law, and proceeds 

of sale shall inure to their respective counties." 

Mr. Ballinger moved to lay the amendments on the table until 
the report from the Committee on Counties and County Lands 
shall have been made. 

Mr. Ferris withdrew his substitute, and the other amendments 
were laid temporarily on the table under Mr. Ballinger 's motion. 
Mr. Wade offered the following substitute for section 4 : 
"The lands herein set apart for public school purposes shall 
be utilized under a system of lease or sale, under such rules and 
regulations as the Legislature shall establish. The proceeds of 
all lands sold shall be invested in interest-bearing bonds of this 
or some other State. All interest accruing upon said bonds, 
and all money derived from leases, shall be annually distributed, 
pro rata, among the scholastic population of the State." 

Mr. Weaver moved to postpone the subject until Monday 



Education in Texas 629 

next, 9^2 o'clock, and that it be made the special order for that 
hour. 

Carried. 1 



THIRTY-FIRST DAY 
Hall of Representatives 

Austin, Texas, October 11, 1875. 



Mr. King, as chairman of Committee on Counties and County 
Lands, reported as follows: 

Committee Room 

Austin, October 8, 1875. 
To the Hon. E. B. Pickett, President of the Cenvention: 

Sir — Your Committee on Counties and County Lands, to 
whom were referred certain resolutions and memorials on the 
subject of county school lands, have had the same under con- 
sideration, and instruct me to report the following provision, 
which they recommend for adoption as a part of the constitu- 
tion. 

Respectfully, 

Henry C. King, Chairman. 

"All lands heretofore, or hereafter, granted to the several 
counties of this State, for education or schools, are of right the 
property of said counties; respectively, to which they were 
granted, and title thereto is vested in saidl counties, and no 
adverse possession or limitations shall ever be available against 
the title of any county. Each county may sell and dispose of 
its lands, in whole or in part, in manner to be provided by the 
police court of the county. Actual settlers, now residing on said 
lands, shall be protected in the prior right of purchasing the 
same to the extent of their settlements, not to exceed one hun- 
dred and sixty acres, at the price fixed by said court, which 
price shall not include the value of existing improvements made 
thereon by such settlers. Said lands, and the proceeds thereof 



'Ibid., 325-326. 



630 University of Texas Bulletin 

when sold, shall be held by said counties alone, as a trust for 
the benefit of public schools therein, said proceeds to be in- 
vested in bonds of the State of Texas, or of the United States, 
and only the interest thereof to be used and expended an- 
nually. 

On motion of Mr. Moore, two hundred) copies of the report and 
article were ordered printed. 1 



"Article — , Bill of Rights," taken up. 

Pending the reading of the report and article, the hour arrived 
for the special order, and the same was taken up, viz: "Article 
— , Education." 

Mr. Sansom withdrew his substitute for section 3, offered 
on Saturday last, and offered the following as a substitute for 
the section: 

And there shall be set apart annually not more than one-tenth 
of the annual revenue derivable from taxation for general pur- 
poses, and a poll tax not to exceed two dollars for the support 
of public free schools. 

And no person shall be allowed to vote at any election to take 
place in this State unless he has paid said tax. 

On motion of Mr. Johnson, of Collin, laid on the table by the 
following vote : 

Yeas — Abernathy, Arnim, Brown, Blake, Ballinger, Blas- 
singame, Barnett, Burleson, Brady, Bruce, Chambers, Cook of 
Gonzales, Cooke of San Saba, Cline, Cooley, Cardis, Dillard, 
DeMorse, Darnell, Davis of Brazos, Ford, Flournoy, Ferris, 
Flanagan, German, Gaither, Henry of Limestone, Johnson of 
Franklin, Johnson of Collin, Killough, Loekett, Lacy, McLean, 
Martin of Navarro, Martin of Hunt, Morris, Mitchell, McKin- 
ney of Denton, Norvell, Pauli, Ramey, Rentfro, Ross, Russell 
of Harrison, Russell of Wood, Spikes, Scott, Sessions, Smith, 
Whitehead, Weaver, Waelder — 52. 

Nays — Allison, Crawford, Douglas, Dohoney, Erhard, Flem- 
ing, Graves, Holt, Henry of Smith, Holmes, King, Kilgore, Lynch, 

Void., 327. 



Education in Texas 631 

McCormick, Moore, Murphy, Nunn, Nugent, Reagan, Robert- 
sen of Bell, Stockdale, Stayton, Sansom, Wade, Whitfield, West 
—26. 

The substitute offered by Mr. Wade on Saturday last was 
then taken up and lost. 

Mr. Ballinger offered the following substitute for section 3: 

"Sec. 3. The Legislature shall provide for the levy and col- 
lection annually of a tax of one-fourth of one per cent, on all 
the taxable property of this State, or so much of said tax as 
together with a poll tax of two dollars per annum on each qual- 
ified elector in the State, and the other funds provided for 
school purposes shall be sufficient to educate all the scholastic 
children specified in this article four months in each year; and, 
provided further, that the payment of such poll tax shall be a 
condition precedent to the exercise of the right of suffrage in 
this State." 

Mr. Nugent proposed to amend the substitute as follows: 

"Provided that said tax shall only be levied when voted by a 
majority of the freeholders of the several school districts.'' 

Lost. 

Mr. Kilgore proposed to strike out of the substitute "one- 
fourth," and insert "one-eighth." 

Lost. 

On motion of Mr. Dohoney the substitute was laid on the 
table by the following vote : 

Yeas — Allison, Abernathy, Arnim, Brown, Blake, Blassin- 
game, Barnett, Burleson, Bruce, Chambers, Cook of Gonzales, 
Cooke of San Saba, Cardis, Douglas, Dillard, DeMorse, Dohoney, 
Darnell, Davis of Brazos, Ford, Flournoy, Ferris, German, 
Gaither, Graves, Holt, Henry of Limestone, Johnson of Frank- 
lin, Johnson of Collin, Lacy, McLean, Martin of Navarro, Mar- 
tin of Hunt, McKinney of Denton, Moore, Norvell, Nugent, 
Pauli, Ramey, Rentfro, Robertson of Bell, Ross, Russell of Har- 
rison, Russell of Wood, Spikes, Scott, Sessions, Sansom, White- 
head, Weaver — 49. 

Nays — Ballinger, Brady, Crawford, Cline, Cooley, Davis of 
Wharton, Erhard, Fleming, Flanagan, Henry of Smith, Holmes, 
King, Kilgore, Killough, Locke tt, Lynch, Morris, Mitchell, Me- 



632 University of Texas Bulletin 

Cormick, Murphy, Nunn, Smith, Stockdale, Stayton, Wade, 
Whitfield, West, Waelder— 29. 

The hour having arrived for considering the special order, 
viz: 'Article — , Legislative Department," on motion of Mr. 
Flournoy it was postponed until Wednesday next at 10 o'clock. 

[Mr. Stockdale in chair.] 

Consideration of "Article — , Education," resumed. 

Mr. Dohoney offered the following substitute for Section 7 : 

"Section 7. The Governor, Comptroller of Public Accounts 
and Treasurer shall constitute a public school board, for the sole 
purpose and with the sole power of annually apportioning and 
distributing the available public school fund among the several 
counties according to their respective scholastic population. And 
if at any time the State fund apportioned to any given county, 
added to any county fund that may be existing, shall not be 
sufficient to provide public free schools in said county, for at 
least four months in the year, for the instruction of all the 
scholastic population between the ages of nine and fifteen years, 
the county court of said county shall have the power to supply 
the deficiency by levying a poll tax of one dollar on every male 
citizen over twenty-one years of age, to be supplemented by an 
ad valorem tax upon all the taxable property in the county; 
provided, that said ad valorem tax shall never exceed one-sixth 
of one per cent. ; and provided further, that no part of the tax 
raised in any county shall ever be applied to any other purpose 
than the payment of teachers in said county. ' ' 

Mr. DeMorse offered the following as a substitute for the 
substitute : 

"It shall be the duty of the Legislature, by the use of the 
available school fund including a poll tax of two dollars, which 
shall be levied for educational purposes, to establish and main- 
tain free public schools for such period of each year as the fund 
may be sufficient to accomplish, and the Legislature may author- 
ize each school district in every county to levy and collect such 
tax as the vote of the majority of the freeholders of the district 
may determine, not exceeding one-fourth of one per cent. The 
available school fund hereinbefore provided shall be distributed 



Education in Texas 633 

to the several counties of the State according to scholastic popu- 
lation, the distribution to be made by the Comptroller." 

Additional section to come in as section 8: 

"Sec. 8. Each county shall be laid off into school districts 
by the county commissioners thereof, and one county superin- 
tendent, who shall have the examination of teachers, shall be 
elected by all the qualified electors; and a board of school trus- 
tees for each school district shall be elected by the qualified voters 
of the district." 

Mr. Johnson, of Collin, offered the following amendment to 
section 7 : 

Amend by striking out all of said section down to the word 
"year," in line 44, and insert "the Legislature shall establish 
free schools thoughout the State as soon as practicable, and shall 
provide by law that the available school fund herein provided 
shall be equally distributed among all the school population of 
the State." 

On Motion of Mr. Brown, the Convention adjourned until 2^2 
o'clock p. M. 

EVENING SESSION — 2% O'CLOCK. 

Convention met pursuant to ajournment; roll called; quorum 
present. 

The pending business was then resumed, being article — , on 
"Education," with pending amendments thereto. 

On motion of Mr. Graves, the debate on the pending amend- 
ments to article — , on "Education," was estopped, and the vote 
was taken on the pending amendment offered by Mr. Johnson, 
of Collin. 

The amendment was lost by the following vote: 
Yeas — Allison, Brown, Blake, Ballinger, Blassingame, Bar- 
nett, Crawford, Cline, Cooley, DeMorse, Dohoney, Darnell, Da- 
vis of Brazos, Fleming, Ferris, German, Henry of Smith, John- 
son of Franklin, Johnson of Collin, King, McLean, Martin of 
Navarro, Martin of Hunt, Morris, McCormick, Moore, Norvell, 
Nunn, Reagan, Ramsey, Spikes, Sessions, Smith, Sansom, White- 
head, West— 36. 



634 University of Texas Bulletin 

Nays — Abernathy, Arnim, Brady, Bruce, Chambers, Cook, 
of Gonzales, Cooke of San Saba, Cardis, Douglas, Dillard, Davis 
of Wharton, Erhard, Ford, Flournoy, Flanagan, Gaither, Graves, 
Holt, Henry of Limestone, Holmes, Kilgore, Killough, Lockett, 
Lacy, Lynch, Mitchell, McKinney, Murphy, Nugent, Pauli, Rent- 
fro, Robertson of Bell, Ross, Russell of Harrison, Russell of 
Wood, Scott, Stockdiale, Stayton, Wade, Weaver, Whitfield, Wael- 
der— 42. 

The vote was then taken on the substitute offered by Mr. De- 
Morse. 

The substitute was lost by the following vote : 

Yeas — Ballinger, Crawford, Cook of Gonzales, Cline, Cooley, 
Dillard, DeMorse, Davis of Brazos, Ford, Fleming, Ferris, Flan- 
agan, Henry of Smith, Holmes, Johnson of Franklin, King, Kil- 
gore, Lockett, McLean, Martin of Navarro, Martin of Hunt, 
Morris, Mitchell, McCormick, Nugent, Ross, Russell of Harrison, 
Sessions, Smith, Wade, Weaver, West, Waelder — 33. 

Nays — Allison, Abernathy, Arnim, Brown, Blake, Blassin- 
game, Barnett, Brady, Bruce, Chambers, Cooke of San Saba, 
Cardis, Douglas, Dohoney, Darnell, Erhard, Flournoy, German, 
Gaither, Graves, Holt, Henry of Limestone, Johnson of Collin, 
Killough, Lacy, Lynch, McKinney. Moore, Murphy, Norvell, 
Nunn, Pauli, Reagan, Rentfro, Robertson of Bell, Russell of 
Wood, Spikes, Scott, Stockdale, Sansom, Whitehead, Whitfield — 
42. 

The vote was then taken on the substitute offered by Mr. 
Dohoney. 

The substitute was lost by the following vote : 

Yeas — Ballinger, Brady, Crawford, Cline, Cooley, Dohoney, 
Ford, Ferris, Flanagan, Henry of Smith, Johnson of Franklin, 
King, Kilgore, Lockett, McLean, Morris, Mitchell, McCormick, 
Nunn, Pauli, Rentfro, Ross, Russell of Harrison, Smith, Sansom, 
Wade, West, Waelder— 28. 

Nays — Allison, Abernathy, Arnim, Brown, Blake, Blassin- 
game, Barnett, Bruce, Chambers, Cook of Gonzales, Cooke of 
San Saba, Cardis, Douglas, Dillard, DeMorse, Darnell, Davis 
of Brazos, Erhard, Flournoy, Fleming, German, Gaither, Graves, 
Holt, Henry of Limestone, Holmes, Johnson of Collin, Killough, 



Education in Texas 635 

Lacy, Lynch, Martin of Navarro, Martin of Hunt, McKinney, 
Moore, Murphy, Norvell, Nugent, Reagan, Ramey, Robertson of 
Bell, Russell of Wood, Spikes, Scott, Sessions, Stockdale, Stay- 
ton, Whitehead, Whitfield— 48. 

Mr. Whitfield moved the previous question. 

Withdrawn. 

Mr. Waelder then offered the following as a substitute for 
section 3 : 

"The Legislature shall provide for the levying and collection 
of an annual tax, of not more than one-sixth of one percentum 
upon the taxable property, real and personal, of this State, and 
also a poll-tax of two dollars on each voter of the State; and 
the taxes so levied and collected, as well as the income from the 
fund herein provided, shall be annually distributed for the edu- 
cation of all children between the ages of eight and fourteen 
years, among the several counties or school districts, according to 
their respective scholastic population." 

Pending discussion of the amendment offered by Mr. Waelder, 
on motion of Mr. McCormick, the Convention adjourned until 
9 o'clock a. m. to-morrow. 1 

THIRTY-SECOND DAY 

Hall of Representatives 

Austin, Texas, October 12, 1875. 



The unfinished business was then taken up, being the further 
consideration of article — , on education, with a pending amend- 
ment, offered by Mr. Waelder on yesterday. 

Mr. Dohoney offered the following as an amendment to the 
amendment: 

"Provided that the taxes raised under this provision shall be 
applied to the public schools in the county where they are col- 
lected." 

Mr. Waelder amended the amendment offered by him, by strik- 
ing out the word "two," in regard to the number of dollars as 
a poll tax, and insert "one." 



UMd., 328-333. 



636 University of Texas Bulletin 

The amendment of Mr. Dohoney was lost. 

Mr. Martin of Navarro, offered the following as a substitute 
for the whole subject matter under consideration : 

"Section 1. The principal of all funds arising from the sale 
or other disposition of lands and other property, granted or in- 
trusted to the State for educational purposes, shall forever be 
preserved inviolate ; and the income therefrom shall be faithfully 
applied to specific objects of the original grants and trusts. 

"Sec. 2. The Legislature shall make such provision, when 
ever deemed practicable, by taxation or otherwise, as, with the 
income arising from the school trust-fund, will secure a thor- 
ough and efficient system of common schools throughout the 
State; and no religious, or other sect, shall ever have exclusive 
right to, or control of, any part of the school funds of the State. 

' ' Sec. 3. All public lands which have been heretofore, or may 
hereafter be granted, to the various counties of this State, for 
public schools, are, of right, the property of said counties re- 
spectively to which they are granted and entitled thereto, is 
hereby vested in said counties ; subject to the trust created in the 
grant. 

' ' Sec. 4. The Legislature shall have power, whenever deemed 
advisable, to provide for the sale in part, or in whole, of all lands 
heretofore granted for the benefit of the Lunatic Asylum, the 
Blind Asylum, the Deaf and Dumb Asylum, and the Orphan 
Asylum, together with such donations as may have been, or may 
hereafter be made, to either, are hereby set apart to provide a 
permanent school fund for the support and maintenance and 
improvements of said asylums. 

' ' Sec. 5. Separate schools shall be provided for the white and 
colored children, and impartial provision shall be made for both." 

Mr. Nunn moved that the majority report, and all pending 
amendments, be referred to a select committee of seven. 

Mr. Cook, of Gonzales, moved to reconsider the vote taken on 
yesterday, refusing to adopt the amendment offered by Mr. John- 
son, of Collin, to the pending article. 

On motion of Mr. Allison, the Convention adjourned to 2^ 
o'clock p. M. 



Education in Texas 637 

EVENING SESSION— 2% O'CLOCK. 

Convention met pursuant to adjournment at 2y 2 p. m. ; roll 
called ; quorum present. 

The pending business resumed, viz: the motion to refer the 
article on Education and pending amendments to a select com- 
mittee of seven. 

Mr. McLean moved to amend the motion by striking out "sev- 
en" and inserting "fifteen," and that the committee have their 
own time to report. 

Lost. 

The question then recurring on the original motion of Mr. 
Nunn to refer to a select committee of seven, was adopted by 
the following vote : 

Yeas — Ballinger, Brady, Crawford, Cook of Gonzales, Cline, 
Cooley, Dillard, Dohoney, Darnell, Davis of Brazos, Davis of 
Wharton, Erhard, Ford, Fleming, Ferris, Flanagan, Henry of 
Smith, Holmes, Johnson of Franklin, King, Lockett, McLean, 
Martin of Navarro, Martin of Hunt, Morris, Mitchell, McCormick, 
Moore, Murphy, Nunn, Pauli, Eeagan, Ramey, Rentfro, Ross, 
Russell of Harrison, Sessions, Smith, Stockdale, Stayton, Wade, 
Weaver, Waelder — 43. 

Nays — Allison, Abernathy, Arnim, Blake, Blassingame, Bar- 
nett, Bruce, Chambers, Cooke of San Saba, Douglas, Flournoy, 
German, Gaither, Graves, Holt, Henry of Limestone, Johnson of 
Collin, Killough, Lacy, Lynch, McKinney of Denton, Norvell, 
Nugent, Robertson of Bell, Russell of Wood, Spikes, Scott, San- 
son!— 28. 1 



THIRTY-THIRD DAY 

Hall op Representatives, 

Austin, Texas, October 13, 1875. 



The chair announced the following select committee, to which 
was referred the article on Education: Mr. Nunn chairman, 

Ubid., 335-337. 



638 University of Texas Bulletin 

Messrs. Norvell, Moore, Ross, Ballinger, Martin of Navarro and 
Robertson of Bell. 1 



Mr. Mills submitted the following article on the subject of 
Superintendent of Education: 

"Section — . There shall be a Superintendent of Public In- 
struction, who shall be elected by the people. The Superintendent 
shall hold his office for the term of two years. He shall receive 
an annual salary of three thousand dollars. 

"Sec. — . The Superintendent shall have supervision and 
control of the public free schools of the State. The Legislature 
shall lay off the State into convenient school districts, and shall 
provide for the formation of a Board of School Directors in 
each county, and for the purpose of taxation each county shall 
be a school district. It shall be the duty of the Superintendent 
of Public Instruction to recommend to the Legislature such pro- 
visions of law as may be found necessary, in the progress of 
time, to the establishment and perfection of a complete system 
of education adapted to the circumstances and wants of the peo- 
ple of the State. He shall, at each session of the Legislature, 
furnish that body with a complete report of all free schools in 
the State. 

' ' Sec. — . The Legislature shall establish a uniform system of 
public free schools throughout the State. 

' ' Sec. — . As a basis for the establishment and endowment of 
said public free school, all the funds, lands and other property 
heretofore set apart and appropriated, or that may hereafter be 
set apart and appropriated, for the support and maintenance of 
public schools, shall constitute the public school fund; and all 
sums of money that may come to this State hereafter from the 
sale of any portion of the public domain of Texas shall also consti- 
tute a part of the public school fund; and the Legislature shall 
appropriate all the proceeds resulting from sales of public lands 
of this State to such public school fund. And the Legislature 
shall set apart, for the benefit of public schools, not less than one- 

'Ibid., 339. 



Education in Texas 639 

sixth of the annual revenue derivable from general taxation, 
and shall also cause to be levied and collected an annual poll 
tax of one dollar on all male persons in this State between the 
ages of twenty-one and sixty years, also a tax of one and one- 
half per cent, on the gross earnings of all railroads, steamship 
lines and insurance companies of this State, also all the fines col- 
lected for carrying concealed weapons and disturbances of the 
peace, also all money collected for license for selling malt and 
spirituous liquors, for the benefit of public schools. And said 
fund and the income derived therefrom, and the taxes and other 
moneys herein provided for school purposes, shall be a perpetual 
fund, to be applied as needed, exclusively for the education of 
all scholastic inhabitants of this State, and no law shall ever be 
made appropriating such fund for any other use or purpose what- 
ever. 

' ' Sec. — . The public lands heretofore given to counties shall 
be under the control of the board of school directors of their re- 
spective counties, and may be leased or sold by them under such 
rules and regulations as the Legislature shall prescribe. 

"Sec. — . The Legislature shall, at its first session, and from 
time to time thereafter, as may be necessary, provide all needful 
rules and regulations for the purpose of carrying into effect the 
provisions of this article. It is made the imperative duty of the 
Legislature to see to it that all the children in the State be- 
tween the ages of (8) eight to (15) fifteen are, without delay. 
provided with ample means of education. The Legislature shall 
annually appropriate for school purposes, and to be equally dis- 
tributed among all the scholastic inhabitants of the State, the 
interest accruing on the school fund and the income derived from 
taxation for school purposes; and shall, from time to time, as 
may be necessary, invest the principal of the school fund in the 
bonds of the State of Texas, or of the United States; and all 
school moneys invested in the bonds of the State of Texas are 
hereby declared not to be of doubtful validity. ' ' 

Referred to the Select Committee of Seven on Article — , Edu- 
cation. 1 



Ubid., 340-342. 



640 University of Texas Bulletin 

THIRTY-FIFTH DAY 



Hall of Representatives, 

Austin, Texas, October 15, 1875. 



The following report and article were then taken up: 
Committee Room, 

Austin, October 8, 1875. 
To the Hon. E. B. Pickett, President o\f the Convention: 

Sir — Your committee on Counties and County lands, to whom 
were referred certain resolutions and memorials on the subject 
of county school lands, have had the same under consideration, 
and instruct me to report the following provision, which they 
recommend for adoption as a part of the Constitution. 

Respectfully 
Henry C. King, Chairman Committee. 

"All lands heretofore or hereafter granted to the several coun- 
ties of this State for education or schools, are of right the proper- 
ty of said counties respectively to which they were granted, and 
title thereto is vested in said counties, and no adverse possession 
or limitation shall ever be available against the title of any coun- 
ty. Each county may sell and dispose of its lands in whole or 
in part, in manner to be provided by the police court of the 
county. Actual settlers residing on said lands shall be protected 
in the prior right of purchasing the same to the extent of their 
settlements, not to exceed one hundred and sixty acres, at the 
price fixed by said court, which price shall not include the value 
of existing improvements made thereon by such settlers. Said 
lands, and the proceeds thereof when sold, shall be held by 
said counties alone as a trust for the benefit of public schools 
therein. Said proceeds to be invested in bonds of the State of 
Texas, or of the United States, and only the interest thereon 
to be used and expended annually. ' ' 

'The article was ordered engrossed. 

Mr. Nugent moved to reconsider the vote just taken engross- 
ing the article. 

Lost. 1 



Ubid., 366-367. 



Education in Texas 641 

THIRTY-EIGHTH DAY 

Hall of Representatives, 

Austin, Texas, October 19, 1875. 



Mr. Ramey submitted the following report : 
Committee Room, 

Austin, October 19, 1875. 
To the Hvn. E. B. Pickett, President of the Convention: 

Sir — Your Committee on "Engrossed and Enrolled Ordi- 
nances" would respectfully report that they have carefully ex- 
amined and compared a provision "On County School Lands," 
and find the same correctly engrossed. Respectfully, 

Wm. Neal Ramey, Chairman. 1 



Committee Room, 

Austin, October 18, 1875. 
To the Hon. E. B. Pickett, President of the Convention: 

The undersigned members of the special committee of seven, 
to whom was referred the majority and two minority reports 
and pending amendments on the subject of public schools, beg 
leave to report that they have carefully investigated the subject ; 
and, in view of the conflicting opinions of this body, have agreed 
on the following eight sections as the most practicable basis, 
under the circumstances, on which to organize the public free 
schools of this State. 

They would further submit that they have also considered the 
subject of the asylums, and find no cause to change the majority 
report thereon, heretofore presented, but suggest that it be 
placed among the general provisions, as it does not appropriately 
pertain to the public free school system. 

D. A. Nunn, 

L. W. Moore, 

L. Norvell, 

W. P. Ballinger, 

Marion Martin, 

L. S. Ross. 

UUd., 394. 



642 University of Texas Bulletin 

"PUBLIC FREE SCHOOLS. 

"Section 1. A general diffusion of knowledge being essential 
to the preservation of the liberties and rights of the people, it 
shall be the duty of the Legislature of the State to establish and 
make suitable provision for the support and maintenance of an 
efficient system of public free schools. 

"Sec. 2. All funds, lands, and other property heretofore set 
apart and appropriated for the support of public schools, all the 
alternate sections of land reserved by the State out of grants 
heretofore made, or that may hereafter be made, to railroad or 
other corporations, of any nature whatsoever, one-half of the 
public domain of the State, and all sums of money that may 
come to the State from the sale of any portion of the same, shall 
constitute a perpetual public school fund. 

"Sec. 3. And there shall be set apart annually not more than 
one-fourth the general revenues of the State, and a poll tax of 
two dollars on all male inhabitants in this State between the ages 
of twenty-one and sixty years, for the benefit of the public free 
schools. 

"Sec. 4. The lands herein set apart to the public free school 
fund shall be sold under such regulations, at such times, and 
on such terms, as may be prescribed by law; and the Legislature 
shall not have power to grant any relief to the purchasers there- 
of. The Comptroller shall invest the proceeds of such sale, and 
of those heretofore made, as may be directed by the Board of 
Education, herein provided for, in the bonds of this State, if 
same can be obtained, otherwise in the United States bonds ; and 
the United States bonds now belonging to said fund shall like- 
wise be invested in State bonds, if the same can be obtained on 
terms advantageous to the school fund. 

"Sec. 5. The principal of all bonds or other funds, and the 
principal arising from the sale of the lands hereinbefore set apart 
to said school fund, shall be the permanent school fund ; and all 
the interest derivable therefrom and the taxes herein authorized 
and levied shall be the available school fund which shall be 
applied annually to the support of the public free schools. And 
no law shall ever be enacted appropriating any part of the per- 
manent or available school fund to any other purpose whatever; 
nor shall the same or any part thereof ever be appropriated to or 



Education in Texas 643 

used for the support of any sectarian school. And the available 
school fund herein provided shall be distributed to the several 
counties according to their scholastic population, and applied in 
manner as may be provided by law. 

' ' Sec. 6. All lands heretofore or hereafter granted to the sev- 
eral counties of this State for education or schools, are of right 
the property of said counties respectively to which they were 
granted, and title thereto is vested in said counties, and no ad- 
verse possession or limitation shall ever be available against the 
title of any county. Each county may sell and dispose of its 
lands in whole or in part, in manner to be provided by the police 
court of the county. Actual settlers residing on said lands shall 
be protected in the prior right of purchasing the same to the 
extent of their settlement not to exceed one hundred and sixty 
acres, at the price fixed by said court, which price shall not in- 
clude the value of existing improvements made thereon by such 
settlers. Said lands and the proceeds thereof when sold, shall 
be held by said counties alone as a trust for the benefit of public 
schools therein. Said proceeds to be invested in bonds of the 
State of Texas, or of the United States, and only the interest 
thereon to be used and expended annually. 

"Sec. 7. Separate schools shall be provided for the white and 
colored children, and impartial provision shall be made for both. 

"Sec. 8. The Governor, Comptroller and Secretary of State 
shall constitute a Board of Education, who shall distribute said 
fund to the several counties, and perform such other duties con- 
cerning public schools as may be provided by law. 

"asylums. 

"All lands heretofore granted for the benefit of the Lunatic, 
Blind, Deaf and Dumb, and Orphan Asylums, together with such 
donations as may have been or may hereafter be made to either 
of them, are hereby set apart to them respectively, as indicated in 
the several grants, to provide a permanent fund for the support 
and maintenance and improvement of said asylums. 

"And the Legislature may provide for the sale of the lands 
and the investment of the proceeds in manner as provided for 
sale and investment of school lands in section 4 of article — , 
on public schools. ' ' 



644 University of Texas Bulletin 

On motion of Mr. Nunn two hundred copies of the report and 
ordinance were ordered printed, and they were made special or- 
der for Saturday next 10 o'clock a. m. 

Committee Room, 

Austin, October 18, 1875. 

To the Hon. E. B. Pickett, President of the Convention: 

The undersigned, one of the special committee to which was 
referred the article reported by the majority of the standing 
Committee on Education, begs leave to dissent from the ma- 
jority report of said special committee for ,the ^following 
reasons : 

That while he favors a general diffusion of knowledge, and 
believes that it is the duty of individuals as well as govern- 
ments to encourage and promote this object by all legitimate 
means in their power, he does not believe that a general 
system of free public schools can be adopted by Texas at the 
present time that will afford that efficiency to the desired 
end as will be satisfactory to the friends of free public educa- 
tion, without the levying of a tax upon all the values of the 
State of from one-third to one-half of one per cent. 

That the report of the Superintendent of Public Instruction 
shows that the scholastic population, between the ages of six 
and eighteen, for the year 1874, was 313,061, and for 1875 it 
is 339,000, an increase of 26,000 in twelve months. 

That there was distributed to the scholastic population of 
1874, $499,959.05, and that for 1875, $498,330.00, or there- 
abouts. 

That after levying a tax of one-fourth of the annual reve- 
nue, we find only one dollar and forty-seven and two-third 
cents per capita, to pay the tuition of the scholar for four 
months, leaving an additional tax (assuming that the tuition 
will only amount to six dollars for four months) of about 
four hundred per cent, to be collected from the taxable values 
of the county. 

That with the rapid immigration to the State, we may safely 
calculate that the increase of scholastic population will amount 
to from twenty-five to thirty thousand annually, giving an an- 



Education in Texas 645 

nual increase in taxation for free public schools of from one 
hundred and eighty to two hundred thousand dollars. 

That a large proportion of the immigration to the country 
that will aid in increasing the scholastic population of the 
State will add but little, if anything, for many years to the 
taxable values of the State. 

That any system of public free schools will necessarily in- 
crease, even in old settled States and countries, beyond the 
increase in taxable values. 

That in the city of Boston the tax for public free schools 
has increased from $389,829 in 1854-55 to $2,081,043 in 1874-75, 
an annual increase of $104,052, or nearly thirty per cent. 

That while this increase of expense in Boston will probably 
fall far short of the increase of scholastic population in Texas, 
it the last four years, which may be assumed as a fair average, 
as follows: 

Taxable property for 1872 , $211,000,000 

Taxable property for 1873 223,000,000 

Taxable property for 1874 241,000,000 

Probable amount for 1875 250,000,000 

That it is evident, if I am correct in the above estimate, that 
no system of free public schools can be maintained without a 
practical confiscation of the property of the country, and the 
striking down of all her industries. 

That the industrious farmer and mechanic can never rise, 
or accumulate property, if you levy an annual tribute on him 
for the education of the children of his less industrious neigh- 
bor. 

That he does not believe that it ever was the intention of 
the founders of our republican form of government to take 
the entire control of the education of the children of the 
country out of hands of the parents or legal guardians. 

That the history of the country, from the fi^st landing of 
the Pilgrims down to the present time, .will not warrant the 
conclusion that any species of compulsory education was in- 
tended or would be tolerated. 

That the appointment of high officials or a commission by 
the government to select text books that shall be used for the 



646 University of Texas Bulletin 

study and training of the youth of the country, is at war 
with the laws of God, and is subversive of the principles of free 
speech, liberty of conscience and freedom of thought, as enun- 
ciated in 1776, by the authors of American liberty, and re- 
enunciated time and again since that time. 

That as the forms and formulas prescribed in religion 
enslave thought and fetters conscience, so the minds of the 
youth of the country will be trained to look to government 
for all their wants and necessities, and finally to regard it as 
parent, and then as master, would prevent the development 
of that independent, self-reliant and chivalrous feeling that 
constitutes one of the best supports of our republican form of 
government. 

That taxation for purposes other than the legitimate ex- 
penses of the government is in violation of right, where life, 
liberty and the pursuit of happiness is guaranteed, because it 
assumes to educate the child in a prescribed manner, contrary 
to the wish and desire of the parent — taxes him for a purpose 
that is contrary to right and revolting to his conscience, and 
compels him to support an institution never contemplated by 
the founders of a republic, because in no way necessary to its 
perpetuity. 

That it was not — could not have been the intention of the 
men of 1836 or 1845 to declare that a system of free public 
schools should be maintained by a direct tax on the property 
and industries of the people throughout all time, with the 
standing invitation for immigration from all parts of the 
world. 

They certainly did not intend to open the way for an uncertain 
annual increase of taxation upon the labor of the country, 
amounting to a probable increase of from twenty to thirty 
per cent. 

I can not believe that they intended to fasten on them- 
selves and their descendants a form of government that would 
guarantee an education to the children of all countries (as 
well as their own) that might think proper to avail themselves 
of it, without money and without price. 

I can not believe that Texas did then, or is bound now, to 



Education in Texas 647 

conscript the industries of the country to support and main- 
tain an institution, not only not essential to the maintenance 
of a free government, but absolutely subversive of both civil 
and religious liberty. 

That it was not the intention, as it was not the policy of the 
framers of the constitutions of 1836 or 1845 to do more than 
to encourage education, and to aid the schools of the country 
that might be established by individual enterprise and money, 
by the donation of lands and a portion of the money received 
for the sale of our north-western territory, an amount suffi- 
cient to educate all the indigent orphans of the country. 

The undersigned would, therefore, offer the following 
article as a substitute for the one offered by the majority of 
the committee. 

All of which is respectfully submitted. 

E. S. C. Robertson. 

i 

"Article — . 

"Section 1. To promote the general diffusion of knowledge 
the lands heretofore set apart by the Republic or State of 
Texas, and the moneys, bonds and other property now owned 
by the State, which have been devoted to the use of public 
free schools, .shall constitute the basis of a permanent fund, to 
be called the General Educational Fund; 

"Provided, That the title to lands given to the State for the 
use andi benefit of public free schools shall be surrendered to 
the donors at their option ; but the right of the State to im- 
provements put upon said lands by the State shall not be 
hereby affected. 

"Sec. 2. The Legislature shall provide for the sale of all 
lands set apart in section 1 of this article as soon as practicable, 
which have been located, or which may hereafter be located, 
by railroad or other corporations, and for the sale of all other 
property therein set apart ; and all moneys derived from the 
same shall be invested in bonds of the State of Texas. 

"Sec. 3. The interest accruing on the General Educational 
Fund shall be distributed annually by the Comptroller of 
Public Accounts between the respective counties of the State, 
according to their scholastic population, as follows : 



648 University of Texas Bulletin 

"1. To the payment of tuition for four months in each 
year of all the indigent orphan children of the State between 
the ages of eight and sixteen years; the remainder to be 
applied pro rata to the payment of tuition of all children 
of the State within said ages; and the Legislature may set 
aside not more than one-twentieth of the annual revenues of 
the State in aid of said General Educational Fund." 

On motion of Mr. Stockdale, 200 copies of this report and 
article were ordered printed, and made special order for 
Saturday at 10 o'clock a. m. 1 

FORTIETH DAY. 

Hall op Representatives, 

Austin, Texas, October 21, 1875. 



Separate section on "County School Lands," on its third 
reading, was taken up and read the third time. 

Mr. Darnell offered the following amendment : 

After the word "settlers" in line 11, insert: "Said lands 
shall be sold on a credit of not less than ten years, the purchaser 
paying interest at the rate of not more than ten per cent, per 
annum, and the proceeds thereof when sold shall be held by 
such county alone as a trust fund for the benefit of schools; 
said proceeds, when collected in money, to be invested in bonds 
of the State of Texas, or of the United States, and only the 
interest thereof to be used and expended annually." 

Mr. Gaither offered the following proviso to the amendment: 

"Provided, That a payment of one-fifth of the purchase 
money be required on all sales of said lands." 

Mr. Scott offered the following as a substitute for the two 
amendments : 

"After the word "part," in line 6, insert "to actual settlers 
.on ten years credit, with ten per cent, interest." 

Mr. Robertson, of Bell, offered the following amendment 
to Mr. Scott's substitute: 



UUd., 395-401. 



Education in Texas 649 

"Provided, That the principal may be paid by the fore- 
closure at any time, and the amount invested in State or United 
States bonds, as hereinbefore provided." 

Accepted by Mr. Scott as a part of his substitute. 

Mr. Chambers moved to refer the article and several amend- 
ments to a select committee of five. 

Mr. Chambers withdrew his motion to refer. 

Mr. Reagan offered the following: 

Amend by inserting after the word "settlers," in line 11, 
the words: "said lands shall be sold on a credit, and payment 
made in ten equal annual installments, with interest on such 
sums as may be due, at the rate of eight per cent, per annum, 
secured by a lien on such lands." 

Mr. Scott accepted this as a substitute for his substitute. 

Mr. Fleming moved to lay the amendments and substitutes 
on the table. 

Carried by the following vote : 

Yeas — Allison, Abernathy, Arnim, Blake, Ballinger, Barnett, 
Burleson, Cook of Gonzales, Douglas, Davis of Brazos, Davis 
of Wharton, Erhard, Ford, Flournoy, Fleming, Ferris, German, 
Gaither, Graves, Holt, Henry of Smith, Henry of Limestone, 
Haynes, King, Kilgore, Killough, Lockett, Lacy, Lynch, Mc- 
Lean, Martin of Navarro, Martin of Hunt, McCabe, Morris, 
Mills, Mitchell, McCormick, Murphy, Nunn, Ramey, Reynolds, 
Rentfro, Robeson of Fayette, Spikes, Sessions, Smith, Stayton, 
Wade, Whitehead, Wright, Waelder— 52. 

Nays — Brown, Blassingame, Bruce, Crawford, Chambers, 
Cooke of San Saba, Cline, Dillard, DeMorse, Darnell, Johnson 
of Franklin, McKinney of Denton, Nugent, Pauli, Reagan, 
Russell of Harrison, Russell of Wood, Scott, Weaver, Whit- 
field— 20. 

Mr. Nugent proposed to amend by striking out of line 6 
the words "in whole or in part," and insert "in tracts net 
exceeding three hundred and twenty acres;" also strike out 
"one hundred and sixty," line 9, and insert "three hundred 
and twenty." 

Mr. Wade offered the following as a substitute for the 
amendment : 



650 University of Texas Bulletin 

Strike out all from the word "county," in line 7, to the 
word "said," in line 11. 

On motion of Mr. Dillard. the amendment and substitutes 
were laid on the table. 

Mr. Cline offered the following amendment : 

Strike out the sentence beginning in line 5 and ending in 
line 7, and insert the following : 

"The county school lands shall be sub-divided into equal 
portions, not exceeding one hundred and sixty acre tracts, 
whereof the alternate tracts may be sold at public auction, 
on such terms and conditions as may be prescribed by law. 
The Commissioners' Court of the county owning said lands 
may lease said tracts on such conditions as may be authorized 
by law. When any such tract may be sold, one-fourth the 
price shall be paid cash, and the balance in six equal annual 
payments, with ten per cent, from date of sale, and secured 
by lien on the land." 

On motion of Mr. Mills the amendment was laid on the 
table. 

On motion of Mr. Dillard the main question was ordered. 

The question on the final passage of the section was then 
put, and the same passed by the following vote : 

Yeas — Allison, Abernathy, Arnim, Brown, Blake, Ballinger, 
Barnett, Burleson, Bruce, Chambers. Cook of Gonzales, Doug- 
las, Dillard, Dohoney, Davis of Brazos, Davis of Wharton, 
Erhard, Ford, Flournoy, Fleming, Ferris, German, Gaither, 
Graves, Holt, Henry of Smith, Henry of Limestone, Haynes, 
Johnson of Franklin, Johnson of Collin, King, Kilgore, Kil- 
lough, Lockett, Lacy, Lynch, McLean, Martin of Navarro, 
Martin of Hunt, McCabe, Morris, Mills, Mitchell, McKinney 
of Denton, McKinney of Walker, McCormick, Murphy, Nunn, 
Nugent, Reagan, Ramey, Reynolds, Robeson of Fayette, Rus- 
sell of Wood, Spikes, Scott, Sessions, Smith, Stayton, White- 
head, Wright, Weaver, Whitfield, Waelder — 65. 

Nays — Abner, Blassingame, Cooke of San Saba, Cline, Car- 
dis, DeMorse, Darnell, Pauli, Rentfro, Russell of Harrison, 
Wade— 10. 

On motion of Mr. Brown, the Convention adjourned to 2 :30 
o'clock P. M. 



Ubid., 431-434. 



Education in Texas 651 

FORTY-SIXTH DAY 

Hall of Representatives, 

Austin, Texas, October 28, 1875. 



The hour having arrived for the special order, viz: "Article 
— , Public Schools," was taken up. 

Mr. Dohoney moved to postpone the same until Saturday at 
9% o'clock, and that it be made the special order for that 
hour. 

Mr. Cline moved to postpone to Tuesday, and make it the 
special order for 10 o'clock that day. 

Carried by the following vote : 

Yeas — Abernathy, Arnim, Ballinger, Barnett, Blassingame, 
Brady, Brown, Bruce, Burleson, Cardis, Cline, Cook of Gon- 
zales, Cooley, Darnell, Davis of Wharton, Dohoney, Erhard, 
Plournoy, German, Graves, Henry of Limestone, Henry of 
Smith, Holt, Johnson of Collin, King, Lockett, Lynch, Martin 
of Navarro, McCabe, Mitchell, Morris, Nugent, Nunn, Pauli, 
Reagan, Rentfro, Reynolds, Ross, Russell of Harrison, Scott, 
Spikes, Stayton, Stockdale, Wade, AVa elder, Weaver, West, 
Wright— 48. 

Nays — Abner, Allison, Chambers, Cooke of San Saba, Craw- 
ford, Davis of Brazos, De Morse, Dillard, Fleming, Ford, 
Gaither, Haynes, Johnson of Franklin, Kilgore, Killough, Lacy, 
McKinney of Denton, McLean, Mills, Murphy, Norvell, Ramey, 
Robertson of Bell, Robison of Fayette, Russell of Wood, Sansom, 
Smith, Whitehead, Whitfield— 29. 

Mr. Stockdale moved to reconsider the vote just taken. 
Carried. 

"Article — i, Judicial Department," passed to the table for 
the present, and the Convention proceeded to the considera- 
tion of "Article — , Public Free Schools." 

(Mr. Flournoy in the chair.) 

Mr. Reagan offered the following amendment : 

Sec. 3, line 14, strike out the word "two" and insert the 
word "one." 



652 University of Texas Bulletin 

Mr. Johnson, of Franklin, offered the following substitute 
for the section : 

"Sec. 3. And there shall be set apart not less than one- 
tenth of the annual revenue of the State derivable from tax- 
ation, and a poll tax of one dollar on all male inhabitants in 
this State between the ages of twenty-one and sixty years, 
for the benefit of the public free schools." 

Mr. Reagan's amendment adopted by the following vote: 

Yeas — Abner, Allison, Arnim, Barnett, Blake, Blassingame, 
Brown, Bruce, Cardis, Chambers, Cooke of San Saba, Cooley, 
Darnell, Fleming, Flournoy, German, Graves, Henry of Lime- 
stone, Holt, Johnson of Collin, Johnson of Franklin, Killough, 
Lynch, McKinney of Denton, McLean, Mills, Murphy, Nugent, 
Ramey, Reagan, Robertson of Bell, Robison of Fayette, Rus- 
sell of Harrison, Russell of Wood, Sansom, Scott, Spikes, 
Stockdale, Weaver, West, Whitehead, Whitfield, Wright— 43. 

Nays — Abernathy, Ballinger, Brady, Burleson, Cline, Cook 
of Gonzales, Crawford, Davis of Brazos, Davis of Wharton, 
DeMorse, Dillard, Dohoney, Ferris, Ford, Gaither, Haynes, 
Henry of Smith, Kilgore, King, Lacy, Lockett, Martin of Na- 
varro, McKinney of Walker, Mitchell, Moore, Morris, Norvell, 
Nunn, Pauli, Rentfro, Reynolds, Ross, Smith, Stayton, Wade, 
Waelder— 36. 

Mr. Johnson's (of Franklin) substitute. 

On motion of Mr. Mills, the Convention adjourned to 2y 2 
o'clock P. M. 

EVENING SESSION— 2 y 2 O'CLOCK 

Convention met pursuant to adjournment; roll called; quo- 
rum present. 

Convention resumed consideration of pending question. 

Mr. Whitfield offered the following as a substitute for the 
article pending: 

' ' Article — . 

"education. 
"Section 1. A general diffusion of knowledge being essen- 
tial to the preservation of liberties of the people, it shall be the 



Education in Texas 653 

duty of the Legislature of this State to make suitable provisions 
for the support and maintenance of public schools. 

"Sec. 2. All funds, lands and other property heretofore set 
apart and appropriated, or that may hereafter be set apart 
and appropriated for the support of public schools, all the alter- 
nate sections of land reserved by the State out of grants here- 
tofore made or that may hereafter be made to railroads or 
other corporations of any nature whatever, one-half of the 
public domain of the State, and all sums of money that may 
come to the State from the sale of any portion of the same, 
shall constitute a perpetual public school fund. 

"Sec. 3. And there shall be set apart, annually, not more 
than one-tenth of the annual revenue derivable from taxation 
for general purposes, and such poll tax as may be by law 
levied under the provisions of this constitution, which shall 
also constitute a part of the public school fund. 

"Sec. 4. The lands herein set apart to the public school fund 
shall be sold under such regulation, at such time, and upon 
such terms as may be prescribed by law, and the Legislature 
shall not have power to grant any relief to the purchasers 
thereof. The Comptroller shall invest the proceeds of such 
isale, and of those heretofore made, in the bonds of this State, 
if the same can be obtained, otherwise in United States bonds, 
and the United States bonds now belonging to said fund shall 
likewise be invested in State bonds, if the same can be obtained. 

"Sec. 5. The principal of all bonds or other funds, and the 
principal arising from the sales of lands herein before set 
apart to said school fund, shall be the permanent school fund, 
and all the interest derivable therefrom, and the taxes herein 
provided shall be the available school fund, which shall be 
applied annually to the support of public schools, and no law 
shall ever be made appropriating any part of the permanent 
or available school fund to any other purpose whatever, except 
as hereinafter provided. 

"Sec. 6. All public lands which have been heretofore, or may 
be hereafter granted to the various counties of this State for 
public schools, are of right the property of said counties 
respectively to which they are granted and entitled thereto, 



654 University of Texas Bulletin 

is hereby vested in said counties, subject to the trust created in 
the grant. 

"Sec. 7. So soon as the available school fund may be suffi- 
cient, the Legislature shall establish and maintain "Free Public 
Schools" throughout the State for a period of not less than 
four months in each year, and may authorize any county to 
establish public schools in such county whenever the available 
fund apportioned to such county, as herein provided, together 
with the fund realized from the sale of the lands of the county, 
shall be sufficient to maintain public schools in such county for 
not less than four months in each year. But until such time 
the available school fund hereinbefore provided shall be dis- 
tributed to the several counties of the State, according to the 
scholastic population, the distribution to be made by the Gov- 
ernor, the Comptroller and the Treasurer, who, for this duty, 
shall constitute a "School Board." The fund shall be dis- 
tributed to the counties and applied in aid^of private schools 
in such mode as the Legislature may provide. 

"Sec. 8. All lands heretofore granted for the benefit of the 
Lunatic Asylum, the Blind Asylum, the Deaf and Dumb 
Asylum, and the Orphan Asylum, together with such donations 
as may have been, or may hereafter be made to either of them, 
are hereby set apart to provide a permanent school fund for 
the support and maintenance and improvement of said asy- 
lums ; but the Legislature shall have the power, whenever 
deemed advisable, to provide for the sale, in part or in whole, 
of said lands. The proceeds of said lands, when realized, 
together with all moneys severally donated to such asylums, 
or either of them, shall be invested in bonds of the State of 
Texas, if obtainable; if not, in bonds of the United States, in 
such manner as the Legislature may provide. And the pro- 
ceeds of the interest thereon shall be a several available fund 
for each of said asylums, and for no other purpose. 

"Sec. 9. Separate schools shall be provided for the white 
and colored children, and impartial provision shall be made 
for both." 

Mr. Moore moved to reconsider the vote adopting Mr. Rea- 
gan's amendment to section 3, line 14, to strike out "two" 
and insert "one." 



Education in Texas 655 

On motion of Mr. Flournoy, the Convention adjourned to 9 
o'clock a. m. tomorrow. 1 

FORTY-SEVENTH DAY 

Hall of Representatives, 

Austin, Texas, October 29, 1875. 



Unfinished business, viz : "Article — , Public Free Schools," 
again taken up, the pending question being Mr. Johnson's (of 
Franklin) substitute for section 3, which was lost by the 
following vote : 

Yeas — Ballinger, Brown, Cooley, Crawford, Darnell, Davis 
of Brazos, Dillard, Dohoney, Ferris, Fleming, Henry of Lime- 
stone, Johnson of Franklin, Kilgore, Killough, Lacy, Martin, 
of Navarro, McCormick, McKinney of Walker, Mitchell, Moore, 
Nunn, Ross, Smith, Stayton, Waelder, West, Whitfield— 27. 

Nays — Abernathy, Abner, Allison, Arnim, Barnett, Blassin- 
game, Brady, Bruce, Burleson, Chambers, Cook of Gonzales, 
Cooke of San Saba, Davis of Wharton, DeMorse, Flournoy, 
Ford, Gaither, German, Graves, Haynes, Holt, Johnson of 
Collin, Lockett, Martin of Hunt, McCabe, McKinney of Den- 
ton, McLean, Morris, Murphy, Norvell, Nugent, Pauli, Ramey, 
Reagan, Rentfro, Reynolds. Robertson of Bell, Robison of 
Fayette, Russell of Harrison, Russell of Wood, Sansom, Scott, 
Spikes, Stockdale, Wade, Whitehead, Wright— 47. 

Mr. Whitfield, by leave, withdrew his substitute, and offered 
the following in its stead : 

"Article — . 

"EDUCATION. 

"Section 1. A general diffusion of knowledge being essential 
to the preservation of liberties of the people, it shall be the duty 
of the Legislature of this State to make suitable provisions for 
the support and maintenance of public schools. 

"Sec. 2. All funds, lands and other property heretofore 
set apart and appropriated or that may hereafter be set 
apart and appropriated for the support of public schools, all the 

UUd., 510-514. 



656 University of Texas Bulletin 

alternate sections of land reserved by the State out of grants here- 
tofore made or that may hereafter be made to railroads or other 
corporations of any nature whatever, one-half of the public do- 
main of the State, and all sums of money that may come to the 
State from the sale of any portion of the same, shall constitute a 
perpetual public school fund. 

"Sec. 3. And there shall be set apart, annually, not more than 
one-tenth of the annual revenue derivable from taxation for gen- 
eral purposes, and such poll-tax as may be by law levied under 
the provisions of this constitution, which shall also constitute a 
part of the public school fund. 

Sec. 4. The lands herein set apart to the public school fund 
shall be sold under such regulation, at such time and upon such 
terms as may be prescribed by law, and the Legislature shall not 
have power to grant any relief to the purchasers thereof. The 
Comptroller shall invest the proceeds of such sale, and of those 
heretofore made, in the "bonds of this State, if the same can be 
obtained, otherwise in United States bonds, and the United States 
bonds now belonging to said fund shall likewise be invested in 
State bonds, if the same can be obtained. 

"Sec. 5. The principal of all bonds or other funds, and the 
principal arising from the sales of lands hereinbefore set apart 
to said school fund, shall be the permanent school fund, and all 
the interest derivable therefrom, and the taxes herein provided 
shall be the available school fund, which shall be applied an- 
nually to the support of public schools, and no law shall ever be 
made appropriating any part of the permanent or available school 
fund to any other purpose whatever, except as hereinafter pro- 
vided. 

' ' Sec. 6. All public lands which have been heretofore, or may 
be hereafter granted to the various counties of this State for 
public schools, are of right the property of said counties respec- 
tively to which they are granted and entitled thereto, is hereby 
vested in said counties, subject to the trust created in the grant. 

' ' Sec. 7. The Legislature, as soon as practicable, shall establish 
public free schools throughout the State, and shall provide by 
law, that the available public free school fund herein provided, 
shall be distributed among all the scholastic population of the 



Education in Texas 657 

State. But, until otherwise provided, the available school fund 
hereinbefore provided shall be distributed to the several counties 
of the State, according to the scholastic population — the distribu- 
tion to be made by the Governor, the Comptroller and the Treas- 
urer, who, for this duty shall constitute a ' ' School Board. ' ' The 
fund shall be distributed to the counties and applied in aid of 
common schools in such mode as the Legislature may provide. 

"Sec. 8. All lands heretofore granted for the benefit of the 
Lunatic Asylum, the Blind Asylum, the Deaf and Dumb Asylum, 
and the Orphan Asylum, together with such donations as may 
have been or may hereafter be made to either of them, are hereby 
set apart to provide a permanent school fund for the support 
and maintenance and improvement of said asylums; but the 
Legislature shall have the power, whenever deemed advisable, 
to provide for the sale, in part or in whole, of said lands. The 
proceeds of said lands, when realized, together with all moneys 
severally donated to such asylums, or either of them, shall be 
invested in bonds of the State of Texas, if obtainable ; if not, 
in bonds Of the United States, in such manner as the Legisla- 
ture shall provide. And the proceeds of the interest thereon 
shall be a several available fund for each of said asylums, and 
for no other purpose. 

"Sec. 9. Separate schools shall be provided for the white and 
colored children, and impartial provision shall be made for both." 

Mr. Russell, of Harrison, offered the following amendment to 
section 3 : 

"Sec. 3. And there shall be set apart annually not less than 
one-fourth the general revenue of the State, and a poll tax of 
one dollar on all male inhabitants in this State, between the ages 
of twenty-one and sixty years; and the Legislature shall pro- 
vide for the levying and collecting annually of not less than 
one-sixth of one per cent, upon all taxable property in this 
State, for the benefit and support of public free schools, for a 
period of net less than four months in each year." 

Lost by the following vote : 

Yeas— Abner, Brady, Cline, Davis of Wharton, Erhard, 
Lockett, McCormick, Mills, Mitchell, Morris, Pauli, Rentfro, Rey- 
nolds, RusSell of Harrison — 14. 



658 University of Texas Bulletin 

Nays — Abernathy, Allison, Arnim, Ballinger, Barnett, Blas- 
singame, Brown, Bruce, Burleson, Chambers, Cook of Gonzales, 
Cooke of San Saba, Darnell, Davis of Brazos, DeMorse, Dillard, 
Dohoney, Ferris, Fleming, Flournoy, Gaither, German, Graves, 
Haynes, Henry of Limestone, Henry of Smith, Holt, Johnson 
of Collin, Johnson of Franklin, Kilgore, Killough, Lacy, Mar- 
tin of Hunt, Martin of Navarro, McCabe, McKinney of Denton, 
McKinney of Walker, McLean, Moore, Norvell, Nugent, Nunn, 
Ramey, Reagan, Robertson of Bell, Robison.of Fayette, Ross, 
Russell of Wood, Sansom, Scott, Spikes, Stayton, Stockdale, 
Wade, West, Whitehead. Whitfield, Wright— 59. 

Mr. Dohoney offered the following amendment : 

''Sec. 9. It shall be the duty of the County Court of each 
county to divide the county into school districts of proper size, 
arid, under such regulations as the Legislature may prescribe, 
provide for the organization of public schools in such districts, 
by additional taxation or otherwise ; provided, that no taxes 
shall be so levied in any school district, except upon a majority 
vote of the qualified electors therein, and all taxes so raised shall 
be applied exclusively to the payment of teachers in said dis- 
trict; and provided, further, that no ad valorem tax so levied 
shall ever exceed one-quarter of one per cent. And whenever 
any such public school has been so organized in any school dis- 
trict, and provision made to keep up the same for at least four 
months in the year, and the number of scholastic population 
in said district is ascertained, it shall be the duty of the County 
Court to distribute to such district its proportion of the public 
school fund. The fund due school districts which fail to pro- 
vide for public schools at least four months in the year shall 
remain in the county treasury for the benefit of the scholastic 
population to whom it belongs." 

Mr. Russell, of Wood, moved to close debate upon the amend- 
ment, and bring the Convention to a vote. 

On motion of Mr. Sansom, the Convention adjourned to 2:30 
o'clock p. M. 

EVENING SESSION — 2% O'CLOCK. 

Convention met ; roll called ; quorum present. 

Mr. Russell, of Wood, renewed his motion to close the debate 



Education in Texas 659 

upon the amendment of Mr. Dohoney, and the substitute of Mr. 
Whitfield, and to bring the Convention to a direct vote. 

Carried. 

Mr. Dohoney 's amendment lost. 

Mr. Whitfield's substitute lost by the following vote: 

Yeas — Abernathy, Allison, Arnim, Barnett, Blake, Blassin- 
game, Bruce, Cardis, Chambers, Cook of Gonzales, Cooke of 
San Saba, Darnell, Flournoy, Gaither, German, Graves, Henry 
of Limestone, Holt, Johnson of Collin, Johnson of Franklin, 
Killough, Lacy, Lynch, Martin of Hunt, McKinney of Denton, 
Nugent, Reagan, Robertson of Bell, Robison of Fayette, Russell 
of Wood, Sansom, Scott, Spikes, Whitehead, Whitfield, Wright 
—36. 

Nays — Abner, Ballinger, Brady, Burleson, Cline, Cooley, 
Crawford, Davis of Brazos, Davis of Wharton, DeMorse, Do- 
honey, Ferris, Fleming, Ford, Haynes, Henry of Smith, Lock- 
ett, Martin of Navarro, McCabe, McCormick, McKinney of 
Walker, McLean, Mills, Mitchell, Moore, Morris, Murphy, Nor- 
vell, Nunn, Pauli, Ramey, Rentfro, Reynolds, Ross, Russell of 
Harrison, Smith, Stayton, Wade, Waelder, West — 40. 

Mr. Whitfield offered the following as a substitute for sec- 
tion 3 : 

"Sec. 3. The Legislature may provide for the levying of a 
tax for educational purposes. Said fund shall be annually dis- 
tributed for educational purposes among the several counties, 
according to the population in each." 

Mr. Waelder proposed to amend the substitute as follows': 

Strike out all after the word "levying," in second line, and 
insert: "and collection annually of not less than one-tenth of 
one per cent, on all taxable property in the State, and a poll 
tax of not more than two dollars on all male inhabitants be- 
tween the ages of twenty-one and sixty years, for the benefit 
and support of public free schools ; but, if at any time hereafter 
a tax of less than one-tenth of one per cent, should be sufficient 
to maintain an efficient system of free public schools, the Legis- 
lature may reduce the tax accordingly." 

On motion of Mr. Graves, the debate on the pending substitute 
and amendment was ^closed and a vote ordered. 



660 University of Texas Bulletin 

The question on Mr. Waelder's amendment was put, and the 
amendment lost by the following vote : 

Yeas — Abner, Ballinger, Brady, Cline, Crawford, Davis of 
Brazos, Davis of Wharton, Dohoney, Erhard, Ferris, Fleming, 
Ford, Haynes, Henry of Smith, Lockett, Martin of Hunt, Mar- 
tin of Navarro, McCabe, McCormick, Mills, Mitchell, Moore, 
Morris, Nunn, Pauli, Kentfro, Reynolds, Ross, Russell of Harri- 
son, Smith, Wade, Waelder, West— 33. 

Nays — Abernathy, Allison, Arnim, Barnett, Blake, Blassin- 
game, Bruce, Burleson, ; Chambers, Cook of Gonzales, Cooke 
of San Saba, Darnell, DeMorse, Dillard, Flournoy, Gaither, 
German, Graves, Henry of Limestone, Holt, Johnson of Collin, 
Johnson of Franklin, Kilgore, Killough,Lacy, Lynch, McKinney 
of Denton, McLean, Murphy, Norvell, Nugent, Ramey, Reagan, 
Robertson of Bell, Robison of Fayette, Russell of Wood, San- 
som, Scott, Spikes, Stayton, Stockdale, Whitehead, Whitfield — 
43. 

The question on Mr. Whitfield's substitute for section 3 was 
then put, audi the substitute lost by the following vote : 

Yeas — Abner, Ballinger, Brady, Cline, Cook of Gonzales, 
Crawford, Davis of Brazos, Dillard, Erhard, Fleming, Ford, 
Henry of Smith, Kilgore, Lockett, Martin of Hunt, Martin' of 
Navarro, McCabe, McCormick, Mills, Mitchell, Moore, Morris, 
Norvell, Pauli, Rentfro, Reynolds, Ross, Russell of Harrison, 
Smith, Wade, Waelder, West, Whitehead, Whitfield— 34. 

Nays — Abernathy, Allison, Arnim, Barnett, Blake, Blassin- 
game, Bruce, Burleson, Cardis, Chambers, Cooke of San Saba, 
Darnell, Davis of Wharton, DeMorse, Dohoney, Ferris, Flour- 
noy, Gaither, German, Graves, Haynes, Henry of Limestone, 
Holt, Johnson of Collin, Johnson of Franklin, Killough, Lacy, 
Lynch, McLean, Murphy, Nugent, Nunn, Ramey, Reagan. 
Robertson of Bell, Robison of Fayette, Russell of Wood, San- 
som, Scott, Spikes, Stayton, Stockdale — 42. 

Mr. West moved to reconsider the vote adopting Mr. Reagan's 
amendment to section 3, line 14, striking out "two" and insert- 
ing "one," as poll tax. 

On motion of Mr. Reagan, the Convention adjourned. 1 



UMd., 516-521. 



Education in Texas 661 

FORTY-EIGHTH DAY 

Hall of Representatives, 

Austin, Texas, October 30, 1875 

Unfinished business taken up, viz: "Article , Public 

Schools." 

Mr. Ferris offered the following amendment as an additional 
section : 

"Sec. — . Until the available school fund, including the fund 
derivable from taxation, shall appear sufficient for the main- 
tenance of a system of free schools, such fund may be used for 
the encouragement or support of public schools, which shall 
afford free tuition to pupils whose parents or guardians are 
unable to pay for tuition, in such manner and under such regu- 
lations as may be provided by law." 

The hour having arrived for considering the special order, 
viz: "Revenue and Taxation," on motion of Mr. Crawford, it 
was postponed until the pending question shall have been 
disposed of. 

Mr. Ferris also offered the following amendment to section 7 : 

"And in the counties where such schools exist, the available 
school fund to which each county is entitled shall be appor- 
tioned to such separate schools, according to the relative 
scholastic population of white and colored children in the 
county. ' ' 

On motion of Mr. Scott, the main question was ordered. 

Mr. Ferris 's amendments were both lost. 

The question recurring upon the engrossment of the article, 
it was carried by the following vote : 

Yeas — Abernathy, Allison, Ballinger, Barnett, Blake, Brown, 
Burleson, Chambers, Cline, Cook of Gonzales, Cooke of San 
Saba, Crawford, Davis of Brazos, Dillard, Dohoney, Erhard, 
Ferris, Fleming, Flournoy, Gaither, German, Graves, Haynes, 
Henry of Limestone, Henry of Smith, Johnson of Collin, John- 
son of Franklin, Killough, King, Lacy, Martin of Hunt, Martin 
of Navarro, McCormick, McKinney of Denton, McKinney of 
Walker, Moore, Norvell, Nugent, Nunn, Ramey, Reagan, Rent- 



662 University of Texas Bulletin 

fro, Robertson of Bell, Robison of Fayette, Ross, Russell of 
Wood, Sansom, Scott, Smith, Spikes, Stewart, Waelder, West, 
Whitehead, Wright— 55. 

Nays — Abner, Arnim, Blassingame, Brady, Bruce, Cardis, 
Cooley, Darnell, Davis of Wharton, DeMorse, Ford, Holt, 
Kilgore, Lockett, Lynch, McLean, Mills, Mitchell, Murphy, 
Pauli, Reynolds, Russell of Harrison, Stockdale, Wade, Whit- 
field— 25. 

Mr. Graves moved to reconsider the vote just taken, and 
to lay the motion on the table. 

Carried by the following vote : 

Yeas — Abernathy, Allison, Ballinger, Barnett, Blake, Brown, 
Burleson, Chambers, Cook of Gonzales, Cooke of San Saba, 
Davis of Brazos, Dillard, Ferris, Flournoy, Gaither, German, 
Graves, Henry of Limestone, Johnson of Collin, Johnson of 
Franklin, Killough, Lacy, Martin of Hunt, Martin of Navarro, 
McCormick, McKinney of Denton, Moore, Norvell, Nugent, 
Nunn, Ramey, Reagan, Robertson of Bell, Robison of Fayette, 
Ross, Russell of Wood, Sansom, Scott, Spikes, Stewart, White- 
head, Wright— 42. 

Nays — Abner, Arnim, Blassingame, Brady, Bruce, Cardis, 
Cline, Cooley, Crawford, Darnell, Davis of Wharton, DeMorse, 
Dohoney, Erhard, Fleming, Ford, Haynes, Holt, Kilgore, King, 
Lockett, Lynch, McKinney of Walker, McLean, Mills, Mitchell, 
Murphy, Pauli, Rentfro, Reynolds, Russell of Harrison, Smith, 
Stayton, Stockdale, Wade, Waelder, West, Whitfield— 38. 1 

FIFTIETH DAY 

Hall of Representatives, 

Austin, Texas, November 2, 1875, 



Ubid., 523-524. 



Education in Texas 663 

Mr. Ramey made the following report : 

Committee Room, 
Austin, November 2, 1875. 

To the Hon. E. B. Pickett, President of the Convention: 

Sir : — Your Committee on Engrossed and) Enrolled Ordinances 
would respectfully report to your honorable body that they 
have carefully examined and compared ''Article — , The Public 
Free Schools," and find the same correctly engrossed. 

Respectfully, 

Wm. Neal Ramey, Chairman. 1 

FIFTY-FOURTH DAY 

Hall of Representatives, 

Austin, Texas, September 13, 1875. 



"Article — . Public Free Schools," taken up and read third 
time. 

Mr. German offered the following amendment : 

Amend section 4 by striking out lines 17, 18 and 19, down 
to the word "law," and insert "the lands herein set apart 
to the public free school fund, which are located in any county 
now organized, and whenever any new county may be organized, 
shall be placed upon the market and sold under such regula- 
tions and on such terms as may be prescribed by law. 

Mr. Russell, of Wood, proposed to amend the amendment 
as follows : 

"Provided said lands shall not be disposed of at a less price 
than one dollar per acre." 

Adopted. 

Amendment as amended lost by the following vote : 

Yeas — Barnett, Blassingame, Brown, Bruce, Chambers, 

UUd., 534. 



664 University of Texas Bulletin 

Cooke of San Saba, Flournoy, German, Henry of Limestone, 
Johnson of Collin, Johnson of Franklin, Lynch, Nugent, Rus- 
sell of Wood, Spikes — 15. 

Nays — Abernathy, Abner, Allison, Ballinger, Brady, Cline, 
Crawford, Darnell, Davis of Brazos, Davis of Wharton, De- 
Morse, Dillard, Dohoney, Douglas, Flanagan, Fleming, Ford, 
Gaither, Graves, Haynes, Holt, Kilgore, Killough, Lacy, Lock- 
ett, McCormick, McKinney of Denton, McKinney of Walker, 
McLean, Mills, Mitchell, Moore, Morris, Murphy, Martin of 
Hunt, Norvell, Nunn, Pauli, Ramey, Reagan, Rentfro, Rey- 
nolds, Robertson of Bell, Robison of Fayette, Ross, Scott, Ses- 
sions, Smith, Stayton, Stewart, Stockdale, Wade, Waelder, 
Whitehead — 55. 

Mr. Haynes offered the following amendments: 

In line 13, section 3, strike out the word "more" and insert 
"less." 

In line 14 strike out the word "one" and insert "two." 

Mr. Moore asked for a division of the question. 

Mr. Scott moved to lay the first amendment on the table. 

Carried by the following vote : 

Yeas — Allison, Barnett, Blassingame, Brown, Bruce, Cham- 
bers, Cooke of San Saba, DeMorse, Dillard, Dohoney, Douglas, 
Ferris, Flournoy, Gaither, German, Graves, Henry of Lime- 
stone, Holt, Kilgore, Killough, Lacy, Lynch, McKinney of Den- 
ton, McLean, Moore, Murphy, Martin of Navarro, Norvell, 
Nugent, Ramey, Reagan, Robertson of Bell, Robison of Fayette, 
Russell of Wood, Sansom, Scott, Sessions, Spikes, Stayton, 
Stockdale, Whitehead — 41, 

Nays — Abner, Ballinger, Brady, Cline, Cooley, Crawford, 
Darnell, Davis of Brazos, Davis of Wharton, Flanagan, Flem- 
ing, Ford, Haynes, Johnson of Franklin, Lockett, McCormick, 
McKinney of Walker, Mills, Mitchell, Morris, Martin of Hunt, 
Nunn, Pauli, Rentfro, Reynolds, Ross, Smith, Stewart, Wade, 
Waelder, Whitfield— 31. 

The hour having arrived for considering the special order, 
the same was taken up, viz : ' ' Section — , Granting Lands to 
Railroads," and "Article — , Public Lands and Land Office." 



Education in Texas 665 

On motion of Mr. Darnell, the special order was postponed 
until the pending business is disposed of. 

"Article — , Judiciary," was then taken up as the special 
order for this hour, and on motion of Mr. Dohoney was post- 
poned to 10 o'clock, Monday. 

The Convention resumed the consideration of the article 
on public free schools. 

Mr. Kilgore offered the following amendment to Mr. 
Haynes' second amendment: 

Amend the amendment by inserting before the word "two" 
the words "not to exceed." 

Mr. Whitfield moved to lay both amendments on the table. 

Carried by the following vote : 

Yeas — Abernathy, Allison, Barnett, Blassingame, Brown, 
Bruce, Chambers, Cooley, Darnell, Ferris, Fleming, Flournoy, 
Gaither, German, Graves, Henry of Limestone, Holt, Johnson 
of Franklin, Killough, Lacy, Lynch, McCormick, McKinney 
of Denton, McLean, Murphy, Martin of Navarro, Nugent, 
Ramey, Reagan, Robertson of Bell, Robison of Fayette, Ross, 
Russell of AVood, Sansom, Scott, Sessions, Spikes, Stockdale, 
Whitehead, Whitfield— 40. 

Nays — Abner, Ballinger, Brady, Cline, Cooke of San Saba, 
Crawford, Davis of Brazos, Davis of Wharton, DeMorse, Do- 
honey, Douglas, Flanagan, Ford, Haynes, Kilgore, Lockett, 
McKinney of Walker, Mills, Mitchell, Moore, Morris, Martin 
of Hunt, Norvell, Nunn, Pauli, Rentfro, Reynolds, Smith, Stay- 
ton, Stewart, Wade, Waelder— 32. 

Mr. Wade offered the following amendment : 

"The Legislature shall have power to levy an ad valorem 
tax upon all property in this State of not less than one-tenth 
nor more than one-fourth of one per cent., and a poll tax of 
one dollar on all male citizens between the ages of twenty- 
one and sixty years." 

Mr. Scott moved the previous question on the passage of 
the article. 

On motion of Mr. Kilgore a call of the Convention was 
ordered. 

Absent — Messrs. Blake, Johnson of Collin, and Weaver. 



666 University of Texas Bulletin 

On motion of Mr. McKinney, of Denton, Mr. Johnson, of 
Collin, was excused. 

On motion of Mr. Ramey, Mr. Blake was excused. 

On motion of Mr. Haynes, Mr. Weaver was excused. 

Mr. Scott, by leave, withdrew his motion for the previous 
question. 

Mr. German offered the following amendment : 

Amend section 4, line 18, by inserting the word "such" 
before the word "regulations." 

Mr. "Wade's amendment lost by the following vote: 

Yeas — Ballinger, Brady, Cline, Cooley, Crawford, Davis of 
Wharton, Flanagan, Fleming, Ford, Haynes. Johnson of 
Franklin, Kilgore, L'ockett, McCormick, McKinney of Walker, 
Mills, Mitchell, Morris, Martin of Hunt, Nunn, Pauli, Rentfro, 
Reynolds, Ross, Smith, Stewart, Wade, Whitfield— 28. 

Nays — Abernathy, Allison, Barnett, Blassingame, Brown, 
Bruce, Chambers, Cooke of San Saba, Darnell, Davis of Brazos, 
DeMorse, Dillard, Douglas, Ferris, Flournoy, Gaither, German, 
Graves, Henry of Limestone, Holt, Killough, Lacy, Lynch, 
McKinney of Denton, McLean, Moore, Murphy, Martin of 
Navarro, Norvell, Nugent, Ramey, Reagan, Robertson of Bell, 
Robison of Fayette, Russell of AVood, Sansom, Scott, Sessions, 
Spikes, Stayton, Stockdale, AVhitehead — 42. 

Mr. German's amendment adopted. 

Mr. McCormick offered the following amendment : 

Amend by adding the following after the word "annually," 
in line 54, section 6: "And said bonds shall be deposited with 
the State Treasurer for safe keeping, subject only to the order 
of the proper authorities." 

Lost. 

Mr. Brown offered the following amendment : 

Amend section 4, line 20, by inserting after the word "there- 
of" the words ''provided, that actual settlers on said lands 
shall have the same prior right of purchase, as is provided in 
section 6 of this article in relation to actual settlers on county 
school lands." 

(Mr. Reagan in the chair.) 



Education in Texas 667 

The question on Mr. Brown's amendment was put, and 
adopted by the following vote: 

Yeas — Abernathy, Allison, Barnett, Blassiingame, Brown, 
Bruce, Chambers, Cooke of San Saba, Crawford, Darnell, 
Davis of Brazos, DeMorse, Dillard, Douglas, Ferris, Fleming, 
Flournoy, Ford, Gaither, German, Graves, Haynes, Henry of 
Limestone, Holt, Kilgore, Killough, Lacy, Lynch, McCormick, 
McKinney of Denton, McLean, Moore, Morris, Murphy, Mar- 
tin of Navarro, Martin of Hunt, Nugent, Reagan, Robertson 
of Bell, Robison of Fayette, Ross, Russell of Wood, Sansom, 
Scott, Sessions, Smith, Stewart, Stockdale, AVhitfield— 49. 

Nays — Ballinger, Brady, Cline, Cooley, Davis of Wharton, 
Dohoney, Flanagan, Lockett, McKinney of Walker, Mills, 
Mitchell, Norvell, Nunn, Pauli, Rentfro, Spikes, Stayton, 
Waelder, Whitehead — 19. 

Mr. Kilgore proposed to amend section 5, line 35, by inserting 
after the word "school" the following: "But the Legislature 
may provide for the instruction of the scholastic population in 
private schools not sectarian, where public schools can not be 
organized. ' ' 

Lost by the following vote : 

Yeas — Abernathy, Allison, Barnett, Blassingame, Brown, 
Bruce, Chambers, Cooke of San Saba, Darnell, Dillard, Dohoney, 
Douglas, Fleming, Flournoy, Gaither. German, Graves, Haynes, 
Henry of Limestone, Holt, Kilgore, Killough, Lacy, Lynch, Mc- 
Cormick, McKinney of Denton, McKinney of Walker, Murphy, 
Martin of Navarro, Martin of Hunt, Reagan, Robertson of Bell, 
Robison of Fayette, Ross, Russell of Wood, Sansom, Scott, Ses- 
sions, Spikes, Stewart, Stockdale, Whitehead, Whitfield — 43. 

Nays — Ballinger, Brady, Cline, Cooley, Crawford, Davis of 
Brazos, Davis of Wharton, DeMorse, Ferris, Flanagan, Ford, 
Lockett, McLean, Mills, Mitchell, Moore, Morris, Norvell, Nu- 
gent, Nunn, Pauli, Ramey, Rentfro, Smith, Stayton, Wade, 
Waelder— 27. 

Mr. Martin, of Hunt, offered the following amendment: 

Sec. 2. Amend by striking out in line 10 the words "one- 
half," and insert the word "all." 



668 University of Texas Bulletin 

Mr. Stayton offered the following as a substitute for the 
amendment : 

Amend section 2 by striking out the words "one-half of the 
public domain of the State," in line 10. 

Mr. Kilgore moved to lay the amendment and substitute on 
the table. 

A division on the question was ordered, when Mr. Stayton 's 
substitute was tabled by the following vote : 

Yeas — Abernathy, Abner, Allison, Ballinger, Barnett, Blas- 
singame, Brown, Bruce, Chambers, Cline, Cooke of San Saba, 
Darnell, Davis of Brazos, Dohoney, Douglas, Ferris, Flournoy, 
Gaither, German, Graves, Henry of Limestone, Holt, Kilgore, 
Killough, Lacy, McCormick, McKinney of Denton, McKinney 
of Walker, McLean, Mills, Mitchell, Moore, Martin of Navarro, 
Martin of Hunt, Nugent, Nunn, Ramey, Rentfro, Reynolds, 
Robertson of Bell, Russell of Wood, Scott, Sessions, Spikes, 
Stewart, Wade, Whitfield— 47. 

Nays — Brady, Cooley, Crawford, Davis of Wharton, DeMorse, 
Dillard, Flanagan, Fleming, Ford, Lockett, Lynch, Morris, 
Murphy, Norvell, Pauli, Reagan, Robison of Fayette, Stayton, 
Stockdale, Waelder, Whitehead— 21. 

The question then recurring upon laying Mr. Martin's (of 
Hunt,) amendment on the table, the same was put, and amend- 
ment tabled by the following vote : 

Yeas — Abernathy, Abner, Allison, Ballinger, Barnett, Brady, 
Brown, Cline, Cooke of San Saba, Cooley, Darnell, Davis of 
Brazos, Davis of Wharton, DeMorse, Dillard, Dohoney, Douglas, 
Ferris, Flanagan, Fleming, Ford, Gaither, Graves, Haynes, 
Henry of Limestone, Holt, Kilgore, Killough, Lockett, Lynch, 
McCormick, McKinney of Walker, McLean, Mitchell, Morris, 
Murphy, Martin of Navarro, Norvell, Nunn, Pauli, Ramey, 
Reagan, Rentfro, Reynolds, Robertson of Bell, Robison of Fay- 
ette, Scott, Sessions, Smith, Spikes, Stayton, Stewart, Stockdale, 
Wade, Waelder, Whitehead, Whitfield^57. 

Nays — Blassingame, Crawford, German, Lacy, McKinney of 
Denton, Mills, Martin of Hunt, Russell of Wood. — 8. 

Mr. Bruce stated that he was paired off with Mr. Nugent, 
but for which fact he would have voted against laying the 
amendment on the table. 



Education in Texas G69 

Mr. Moore stated that he would vote "yea," but was paired 
off with Mr. Arnim. 

Mr. Kilgore moved to adjourn to 2^ P. m. 

Lost. 

Mr. Kilgore offered the following amendment: 

Amend section 5 by striking out the word "manner," line 
38, and inserting the words "to the education of such popula- 
tion, in public or private schools, in such manner and under 
such regulations." 

Mr. Dillard moved the previous question. 

Mr. Flanagan moved a call of the Convention. 

Call ordered. 

Mr. Kilgore moved to adjourn till 2 x /2 o'clock. 

Lost. 

Absentees — Messrs. Davis of Wharton, Johnson of Franklin, 
Sansom. 

Mr. Stewart moved to excuse the absentees. 

Mr. Stockdale made the point of order that no member could 
ask that another be excused without it being at the request of 
the absent member. 

Point sustained. 

Mr. Ballinger moved to adjourn to 2y 2 o'clock. Lost. 

Mr. McCormick moved to suspend the call. 

Lost. 

Mr. Ferris moved to adjourn to 2% o'clock p. m. 

Ruled out of order. 

The chair submitted to the Convention the question as to 
whether or not they would take up the special order for the 
hour. 

The Convention refused to take up the special order. 

Mr. Flournoy moved to suspend the call. 

Lost. 

Mr. McCormick moved to excuse absent members. 

The chair ruled the motion out of order; that delegates could 
not be excused without their request. 

Mr. McLean appealed from the decision of the chair. 

Mr. Flanagan moved a call of the Convention upon the ap- 
peal. 



670 University of Texas Bulletin 

The chair ruled that the call upon the appeal was out of 
order. 

The question upon Mr. McLean's appeal was then put, and 
the Convention sustained the chair by the following vote : 

Yeas — Abernathy, Abner, Allison, Ballinger, Barnett, Blas- 
singame, Brady, Brown, Bruce, Chambers, Cline, Cooke of San 
Saba, Cooley, Crawford, Darnell, Davis of Brazos, Davis of 
Wharton, DeMorse, Dohoney, Douglas, Ferris, Flanagan, Flem- 
ing, Flournoy, Ford, Gaither, Graves, Haynes, Henry of Lime- 
stone, Holt, Kilgore, Killough, Lacy, Lockett, Lynch, McCor- 
mick, McKinney of Denton, McKinney of Walker, Mills, Mitch- 
ell, Morris, Murphy, Martin of Hunt, Norvell, Nugent, Pauli, 
Ramey, Rentfro, Reynolds, Robertson of Bell, Robison of Fay- 
ette, Ross, Russell of Wood, Scott, Sessions, Smith, Spikes, Stay- ' 
ton, Stewart, Stockdale, Wade, Waelder, Whitehead, Whitfield 
—64. 

Nays — Dillard, McLean, Moore, Nunn — 4. 

Mr. Stewart moved to suspend the call. 

The Sergeant-at-arms reported that he had learned that Mr. 
Sansom had gone home. 

On the question on Mr. Stewart's motion to suspend the call, 
the yeas and nays were called, and call suspended by the fol- 
lowing vote : 

Yeas — Allison, Ballinger, Barnett, Blassingame, Brown, Bruce, 
Chambers, Cooke of San Saba, Crawford, Darnell, Davis of 
Brazos, Dillard, Dohoney, Douglas, Ferris, Fleming, Flournoy, 
Ford. Gaither, German, Graves, Haynes, Henry of Limestone, 
Holt, Kilgore, Killough, Lacy, Lynch, McCormick, McKinney of 
Denton, McKinney of Walker, McLean, Moore, Morris, Murphy, 
Martin of Navarro, Martin of Hunt, Norvell, Nugent, Nunn, 
Ramey, Regan, Robertson of Bell, Ross, Russell of Wood, Scott, 
Sessions, Smith, Spikes, Stewart, Wade, Waelder, Whitehead, 
Whitefield— 54. 

Nays — Abner, Brady, Cline, Davis of Wharton, Flanagan, 
Lockett, Mills, Mitchell, Pauli, Rentfro, Reynolds, Stayton, 
Stockdale— 13. " 

The previous question on the passage of the article was then 
ordered. 



Education in Texas 671 

The question on Mr. Kilgore's pending amendment was then 
put, the yeas and nays called, and amendment lost by the follow- 
ing vote : 

Yeas — Abernathy, Allison, Barnett, Blassingame, Brown, 
Bruce, Chambers, Cooke of San Saba, Dohoney, Douglas, Flour- 
noy, Gaither, Graves, Haynes, Henry of Limestone, Holt, Kil- 
gore, Killough, Lacy, Lynch, McKinney of Denton, McKinney 
of Walker, Murphy, Martin of Navarro, Martin of Hunt, Nu- 
gent, Reagan, Robertson of Bell, Robison of Fayette, Russell of 
Wood, Scott, Sessions, Spikes, Stayton, Stockdale, Whitehead 
—37. 

Nays — Abner, Ballinger, Brady, Cline, Cooley, Crawford, 
Darnell, Davis of Brazos, Davis of Wharton, DeMorse, Dillard, 
Ferris, Flanagan, Fleming, Ford, Lockett, McCormick, McLean, 
Mills, Mitchell, Moore, Morris, Norvell, Nunn, Pauli, Ramey, 
Rentfro, Reynolds, Ross, Smith, Stewart, Wade, Waelder — 33. 

Mr. German's amendment — viz.: Amend section 2, line 10, 
by inserting after the word "whatsoever" "all lands forfeited 
to the State by railroad companies" — was then lost by the fol- 
lowing vote : 

Yeas — Ballinger, Barnett, Blassingame, Brady, Bruce, Cham- 
bers, Cline, Cooley; Davis of Brazos, Davis of Wharton, DeMorse, 
Dillard, Ferris, Fleming, Ford, German, Graves, Haynes, Kil- 
gore, Lacy, Lockett, McKinney of Walker, Mills, Mitchell, Moore, 
Morris, Martin of Hunt, Nugent, Robertson of Bell, Robison 
of Fayette, Ross, Russell of Wood, Scott, Sessions, Smith, Spikes, 
Stewart, Waelder, Whitfield.— 39. 

Nays — Abernathy, Abner, Allison, Brown, Cooke of San Saba, 
Crawford, Darnell, Dohoney, Douglas, Flanagan, Flournoy, 
Gaither, Henry of Limestone, Holt, Killough, Lynch, McCor- 
mick, McKinney of Denton, McLean, Murphy, Martin of Na- 
varro, Norvell, Nunn, Pauli, Ramey, Reagan, Rentfro, Reynolds, 
Stayton, Stockdale, Waelder, Whitfield.— 32. 

The question then recurring upon the final passage of the 
article, the same was put and the article passed by the following 
vote : 

Yeas — Abernathy, Allison, Ballinger, Barnett, Brown, Bruce, 
Chambers, Cooke of San "Saba, Crawford, Darnell, Davis of 



672 University of Texas Bulletin 

Brazos, Dillard, Dohoney, Douglas, Ferris, Fleming, Flournoy, 
Gaither, German, Graves, Haynes, Henry of Limestone, Kil- 
lough, Lacy, McKinney of Denton, McLean, Moore, Martin of 
Navarro, Martin of Hunt, Norvell, Nugent, Nunn, Ramey, 
Reagan, Robertson of Bell, Robison of Fayette, Ross, Russell of 
Wood, Scott, Sessions, Spikes, Stewart, Waelder, Whitehead — 44. 
Nays — Abner, Blassingame, Brady, Cline, Cooley, Davis of 
Wharton, DeMorse, Flanagan, Ford, Holt, Kilgore, Lockett, 
Lynch, McCormick, McKinney of Walker, Mills, Mitchell, Mor- 
ris, Murphy, Pauli, Rentfro, Reynolds, Smith, Stayton, Stock- 
dale, Wade, Whitfield— 27. 

Mr. Nugent moved to adjourn until 9 o'clock Monday morn- 
ing. 1 

FIFTY-EIGHTH DAY 

Hall of Representatives, 

Austin, Texas, November 11,*1875. 



Mr. Stewart offered the following resolution: 

Resolved, That the Legislature, at its first and second general 
sessions, shall have power to provide for the annual assesment 
and collection of a special tax for the maintenance of public 
common free schools, the said tax not to exceed the general State 
tax, and when collected and paid into the State Treasury, to 
be by the Governor, Comptroller and Treasurer distributed to 
the several counties in this State, according to their respective 
scholastic population. And the said tax shall never be used by 
the State or counties for any other purpose than the mainte- 
nance of unsectarian public common free schools. 

Referred to the Committee on Education.' 2 



Ubid., 608-616. 
*IMd., 638. 



Education in Texas 673 

CONSTITUTION OF THE STATE OF TEXAS. 
ADOPTED 1875— RATIFIED 1876 
ARTICLE VII. 

Education — The Public Free Schools 

Section 1. A general diffusion of knowledge being essential 
to the preservation of the liberties and rights of the people, it 
shall be the duty of the Legislature of the State to establish 
and make suitable provision for the support and maintenance 
of an efficient system of public free schools. 

Sec. 2. All funds, lands and other property heretofore set 
apart and appropriated for the support of public schools; all 
the alternate sections of land reserved by the State out of 
grants heretofore made or that may hereafter be made to rail- 
roads, or other corporations, of any nature whatsoever ; one-half 
of the public domain of the State ; and all sums of money that 
may come to the State from the sale of any portion of the same, 
shall constitute a perpetual school fund. 

Sec. 3. There shall be set apart annually not more than one- 
fourth of the general revenue of the State, and a poll tax of one 
dollar on all male inhabitants in this State between the ages of 
twenty-one and sixty years, for the benefit of the public free 
schools. 

Sec. 4. The lands herein set apart to the public free school 
fund shall be sold under such regulations, at such times and on 
such terms as may be prescribed by law; and the Legislature 
shall not have power to grant any relief to the purchasers 
thereof. The comptroller shall invest the proceeds of such sales, 
and of those heretofore made, as may be directed by the Board 
of Education herein provided for, in the bonds of this State, 
if the same can be obtained, otherwise in United States bonds ; 
and the United States bonds now belonging to said fund shall 
likewise be invested in State bonds, if the same can be obtained 
on terms advantageous to the school fund. 

Sec. 5. The principal of all bonds and other funds, and the 
principal arising from the sale of the lands hereinbefore set 
apart to said school fund, shall be the permanent school fund ; 



(174 University of Texas Bulletin 

and all the interest derivable therefrom and the taxes herein 
authorized and levied shall be the available school fund, which 
shall be applied annually to the support of the public free 
schools. And no law shall ever be enacted appropriating any 
part of the permanent or available school fund to any other 
purpose whatever; nor shall the same or any part thereof ever 
be appropriated to or used for the support of any sectarian 
school; and the available school fund herein provided shall be 
distributed to the several counties according to their scholastic 
population and applied in manner as may be provided by law. 

Sec. 6. All lands heretofore or hereafter granted to the sev- 
eral counties of this State for education, or schools, are of right 
the property of said counties respectively to which they were 
granted, and title thereto is vested in said counties, and no ad- 
verse possession or limitation shall ever be available against the 
title of any county. Each county may sell or dispose of its lands 
in whole or in part, in manner to be provided by the Commis- 
sioners' Court of the county. Actual settlers residing on said 
lands shall be protected in the prior right of purchasing the 
same to the extent of their settlement, not to exceed one hundred 
and sixty acres, at the price fixed by said court, which price 
shall not include the value of existing improvements made 
thereon by such settlers. Said lands and the proceeds thereof, 
when sold, shall be held by said counties alone as a trust for 
the benefit of public schools therein ; said proceeds to be invested 
in bonds of the State of Texas, or of the United States, and 
only the interest thereon to be used and expended annually. 

Sec. 7. Separate schools shall be provided for the white and 
colored children, and impartial provision shall be made for both. 

Sec. 8. The governor, comptroller and secretary of state 
shall constitute a Board of Education, who shall distribute said 
funds to the several counties and perform such other duties con- 
cerning public schools as may be prescribed by law. 

ASYLUMS 

Sec. 9. All lands heretofore granted for the benefit of the 
Lunatic, Blind, Deaf and Dumb, and Orphan Asylums, together 
with such donations as may have been or may hereafter be made 



Education in Texas 675 

to either of them, respectively, as indicated in the several grants, 
are hereby set apart to provide a permanent fund for the sup- 
port, maintenance and improvement of said asylums. And the 
Legislature may provide for the sale of the lands and the in- 
vestment of the proceeds in manner as provided for the sale 
and investment of school lands in section 4 of this Article. 

UNIVERSITY 

Sec. 10. The Legislature shall, as soon as practicable, estab- 
lish, organize and provide for the maintenance, support and di- 
rection of a university of the first class, to be located by a vote 
of the people of this State, and styled "The University of 
Texas," for the promotion of literature, and the arts and sci- 
ences, including an agricultural and mechanical department. 

Sec. 11. In order to enable the Legislature to perform the 
duties set forth in the foregoing section, it is hereby declared 
that all lands and other property heretofore set apart and ap- 
propriated for the establishment and maintenance of "The Uni- 
versity of Texas," together with all the proceeds of sales of the 
same, heretofore made or hereafter so to be made, and all grants 
donations and appropriations that may hereafter be made by the 
State of Texas, or from any other source, shall constitute and 
become a permanent university fund. And the same as realized 
and received into the treasury of the State (together with such 
sums, belonging to the fund, as may now be in the treasury), 
shall be invested in bonds of the State of Texas if the same can 
be obtained ; if not, then in United States bonds, and the inter- 
est accruing thereon shall be subject to appropriation by the 
Legislature to accomplish the purpose declared in the foregoing 
section ; provided, that one-tenth of the alternate sections of the 
lands granted to railroadis, reserved by the State, which were set 
apart and appropriated to the establishment of "The University 
of Texas," by an act of the Legislature of February 11, 1858, 
entitled "An Act to establish 'The University of Texas,' " shall 
not be included in or constitute a part of the permanent uni- 
versity fund. 

Sec. 12. The land herein set apart to the University fund 
shall be sold under such regulations, at such times, and on such 



676 University of Texas Bulletin 

terms, as may be provided by law ; and the Legislature shall 
provide for the prompt collection, at maturity, of all debts due 
on account of University lands, heretofore sold, or that may 
hereafter be sold, and shall in neither event have the power to 
grant relief to the purchasers. 

Sec. 13. The Agricultural and Mechanical College of Texas, 
established by an act of the Legislature, passed April 17, 1871, 
located in the county of Brazos, is hereby made, and constituted 
a branch of the University of Texas, for instruction in agricul- 
ture, the mechanic arts and the natural sciences connected 
therewith. And the Legislature shall, at its next session, make 
an appropriation, not to exceed forty thousand dollars, for the 
construction and completion of the buildings and improvements, 
and for providing the furniture necessary to put said college in 
immediate and successful operation. 

Sec. 14. The Legislature shall also when deemed practicable, 
establish and provide for the maintenance of a College or Branch 
University for the instruction of the colored youths of the State, 
to be located by a vote of the people ; provided, that no tax shall 
be levied, and no money appropriated out of the general revenue, 
either for this purpose or for the establishment and erection of 
the buildings of the University of Texas. 

Sec. 15. In addition to the lands heretofore granted to the 
University of Texas, there is hereby set apart, and appropriated, 
for the endowment, maintenance and support of said University 
and its branches, one million acres of the unappropriated public 
domain of the State, to be designated and surveyed as may be 
provided by law; and said lands shall be sold under the same 
regulations, and the proceeds invested in the same manner as is 
provided for the sale and investment of the permanent Univer- 
sity fund ; and the Legislature shall not have power to grant any 
relief to the purchasers of said lands. 1 



Constitution of the State of Texas, adoirted oy the Constitutional 
Convention, begun and held at the City of Austin, on the Sixth Day of 
September, 1875, 14-15; Gammel's Laws of Texas, Vol. 8, (809-813). 



Education in Texas 677 

ARTICLE XI 

Municipal Corporations. 



Sec. 10. The Legislature may constitute any city or town a 
separate and independent school district. And when the citi- 
zens of any city or town have a charter, authorizing the city 
authorities to levy and collect a tax for the support and mainte- 
nance of a public institution of learning, such tax may here- 
after be levied and collected, if, at any election held for that 
purpose, two-thirds of the tax-payers of such city or town shall 
vote for such tax. 1 

CONSTITUTIONAL CONVENTION, 1875 

ADDRESS TO THE PEOPLE 

Austin, September 6 to November 24 

The calling of a constitutional convention was recommended by 
the Democratic platform of 1873. When the holding of such a con- 
vention was submitted to the voters by the legislature in 1875, the 
question presented itself, whether the Democrats should act as a 
party in the selection of delegates. In his capacity as chairman of 
the State executive committee, John Ireland urged the holding of 
nominating conventions in each district. He recommended that the 
delegates be instructed on the more important questions that would 
come before the constitutional convention, such as immigration, edu- 
cation and internal improvements. 2 The convention, on October 27, 
voted to form a committee that should prepare an address to the 
people of Texas, "setting forth the leading principles of the new 
constitution, the reforms provided for byi it, and its claims to the 
approbation of the freemen of Texas." 

Address 
Fellow Citizens: 

The undersigned members of the Constitutional Convention, 
have been appointed a Committee by that body to address you in 
explanation of the new Constitution and Ordinances adopted by 



"Ibid., 18-19, (820). 

"-The State Gazette (Austin), April 21, 1875. 



678 University of Texas Bulletin 

It and now submitted to you for ratification. This we shall do as 
briefly as is consistent with the great importance of the subject. 

Our Past and Present Condition 

For six years the people of Texas have borne the burthens 
and oppressions inaugurated by the semi-military constitution 
of 1869. The evils fastened upon the State by that instrument 
are generally understood. Heavy taxation; an unwieldy and 
expensive judicial system, impoverishing to both the State and 
its counties ; a vast political and partisan scheme under the pre- 
tence of sustaining free public schools; . . 

County School Lands 

The four leagues, or 17,712 acres, donated by the fathers of 
Texas to each county for educational purposes, and wrested 
from them by the constitution of 1869, are restored to the right- 
ful owners, subject to disposition by the respective county courts 
for school purposes. This is a righteous act of justice. 

Education 

On this subject great diversity of opinion prevailed in the 
Convention among the purest and most patriotic members of the 
body. All were anxious to place within the reach of every child 
in the State a sound, practical education for the duties of life; 
but as to the details, in view of our condition as a new and 
sparsely settled commonwealth of immense territory — an area 
larger than France, and more than five times as large as the great 
State of New York — the wisest and purest members of the Con 
vention — men whose devotion to Texas cannot be questioned — 
found themselves confronted with grave difficulties, and natur- 
ally held variant views as to the means with which to accom- 
plish a common object — the greatest good to those who are to 
succeed us, generation by generation, as the sovereign people 
of Texas. 

Some were disposed, in their intense desire for early universal 
education, to lay a heavy tax on the people at once to maintain a 
general system of free schools for all. Others, no less ardent in 



Education in Texas 679 

favor of the common object, realized that the parents and tax- 
payers of today had just emerged from four years' bloody and 
devastating war, followed by ten years of first a military and 
then an anomalous system of government, distasteful to the in- 
telligent multitude, repugnant to their traditional ideas of lib- 
erty, and engendering distrust between the common citizenship 
of the State, distrust in the breasts of all towards those in au- 
thority, and altogether begetting in the minds of the most in- 
telligent men a feeling of doubt and uncertainty, the very op- 
posite of that which should exist in the heart of every citizen 
in a free State. Such being the case, the Convention, realizing 
that the State has on hand an interest bearing fund of about 
three million dollars; a patented land fund in the organized 
counties of about twenty million acres of land, now placed on 
the market and being taken up by actual settlers ; an additional 
land fund of many million acres in the unorganized counties 
and the unorganized territory; and beyond all this munificent 
grant, one-half of all the unappropriated public demain of the 
State; the whole amounting in round numbers to over sixty 
million acres, decided that it would be unwise and unjust to 
impose on the parents and taxpayers of to-day an onerous money 
tax to maintain at once a gigantic system of free schools. After 
the most exhaustive discussion of the subject, and in view of 
this splendid future, a majority of the Convention deter- 
mined to limit the present taxation on the people in support of 
free schools to one-fourth of the annual revenue of the State, 
and a poll tax of one dollar on each male inhabitant between 
the ages of twenty-one and sixty years, which, added to the 
annual interest on the permanent school fund, will now amount 
to the annual simi of about $775,000, so long as the general 
revenue shall remain as it now is. 

Beyond all this, it must be borne in mind that the 17,712 
acres of land belonging to every county in the State is an addi- 
tional fund for educational purposes. Some of the counties have 
lands worth to-day five dollars to ten dollars per acre. Others 
are less fortunate, but to all this grant is a material auxiliary 
to the resources for common school education, and provision is 
made for bringing it into market and preserving its principal 



680 University of Texas Bulletin 

as a perpetual fund, the interest being annually used for school 
purposes by the counties themselves. 



Conclusion 

Making no pretense to perfection ; acknowledging that neither 
one of us approves every item in the new Constitution; that 
each one of us may have opposed some particular clause or ar- 
ticle, favoring other proposed clauses which failed to be adopted ; 
realizing that Texas is peculiarly and differently situated from 
any other State in the Union, owing to her own public domain, 
with a million and a half of people one-third of whom are com- 
parative strangers to our peculiar jurisprudence and complex 
system of land titles; that we have so recently recovered the 
right of self-government, after years of misrule and misfortune; 
while some of us unqualifiedly indorse the essential principles 
of the new Constitution, all agree that it is a vast improvement 
on the present one, and will bring great relief to' the people. 
And as an easy and simple mode is provided for its amendment 
in any particular, where experience may prove its provisions 
unwise — as citizens of the State, devoted to its welfare, and 
representatives of the people, recognizing our responsibility be- 
fore the judgment bar of an enlightened commonwealth of free- 
men, we earnestly appeal to you, fellow-citizens, to turn out en 
masse on the day appointed, Tuesday, February 15, 1876, and 
vote for the ratification of the Constitution. 

John Henry Brown, of Dallas, Chairman, 

John H. Reagan, of Anderson, 

James C. Gaither, of Falls, 

John W. Whitfield, of Lavaca, 

W. B. "Wright, of Lamar, 

L. W. Moore, of Fayette, 

Ed. Chambers, of Collin, 

L. S. Ross, of McLennan, 

Wm. P. McLean, of Titus, 

Wm. Neal Ramey, of Shelby. 

While we do not concur in all the particulars of the address 
of the Committee, we, nevertheless, join in recommending the 



Education in Texas 681 

adoption of the new Constitution by the people as one much to 
be preferred to that now existing. 

P. S. Stockdale, of Calhoun, 

John S. Ford, of Cameron. 1 

DEMOCRATIC STATE CONVENTION, 1876 

Galveston, January 5-7 

A consultation of Democrats was called to meet at Austin on No- 
vember 10, 1875, by the new chairman of the State executive committee, 
Joseph D. Sayers. At this consultation it was agreed that the State 
convention should be held at Galveston on the first Wednesday in 
January, 1876. A few days later a formal call was issued: "As im- 
portant an election as was ever held in a free country will be before 
you. Not only the selection of proper officers — thereby ensuring an 
honest and successful administration — but also the consideration of a 
new organic law, and its adoption or rejection, will devolve upon you." 
Whether it should indorse the new constitution was the great issue 
before the convention. 



PLATFORM 

We, the Democracy of Texas, in convention assembled, hereby 
declare our principles and policy, and ask for them the popular 
approval : 



2. The Democracy now, as in the past, adhering to its policy 
of maintaining an efficient system of general education, declares 
it to be the duty of the legislature of the State to speedily es- 
tablish and make provision for the support and maintenance of 
public free schools, and to this end to exercise the whole power 
with which it is vested. 2 



tinkler, E. W. Platforms of Political Parties in Texas, 163-173; The 
Daily State Gazette, Austin, November 25, 1875. 

*IMd., 173-176; Houston Daily Telegraph, January, 6-8; Galveston 
Daily News, January 6-7, 1876. 



682 University of Texas Bulletin 

REPUBLICAN STATE CONVENTION, 1876 
Galveston, January 12-14 

"After consultation with many Republicans of Texas and members 
of the State Central Committee," said Chairman E. J. Davis, in a call 
dated, Austin, December 13, 1875, "it has been deemed advisable to 
hold a convention of Republicans of the State to decide the policy of 
the party in the approaching canvass for State officers and the ratifica- 
tion or rejection of the constitution framed by the Constitutional Con- 
vention." 

PLATFORM 

Be solved, 1. That we denounce the Constitution framed by 
the late convention at Austin, and now submitted to the people 
of Texas for ratification, as unfit to become the organic law of the 
State for the following, amongst other, reasons : 



(2) Because the said Constitution seeks to cheat the people 
with specious provisions in relation to schools, while it utterly 
fails to secure an efficient system of free public schools, which is 
the greatest necessity of the State, the surest guaranty of prog- 
ress, and the best defense of liberty. 



8. That because of the inefficiency and failure of the present 
State administration to enforce the laws in this State and protect 
citizens in their rights, it becomes necessary for us to call on the 
general government to assist, so far as the Constitution and the 
laws of the United States will permit, in maintaining order and 
protecting our citizens ; and we further request the President of 
the United States to instruct the civil officers of the government 
of the United States, within this State, to see that the Kuklux 
and other protective laws are duly enforced, and that school- 
house burners be brought to punishment. 

9. That the Republicans will expose the trick on the part of 
the Democracy to prevent the education of the poor of the State, 
and that the attention of the civil officers of the United States 
government will be called to the act of Congress readmitting 
Texas into the Union under certain conditions, viz. : that the 
constitution of Texas shall never be so changed as to deprive any 



Education in Texas 683 

citizen or class of citizens of any of the school rights guaranteed 
therein, and ask that said act be enforced. 1 

MESSAGE OP GOVERNOR COKE 

Executive Office, State of Texas, 
Austin, April, 1876. 

To the Senate and House of Representatives 
of the Legislature of Texas : 

public free schools 

j\o more important subject will claim your attention than the 
establishment of a system of public free schools, a duty made 
incumbent on you by Sec. 1, Art. vii., of the Constitution. Every 
instrument of organic law ever framed and enforced in Texas, 
under Anglo-American domination, from the Constitution of 
1836 down to the one just adopted, has enjoined this duty upon 
the government of Texas, and has made munificent provision for 
its fulfillment out of the only resources we have had to draw on — 
our public domain. The declaration of independence, promul- 
gated by the Fathers of the Republic in March, 1836, recites the 
failure of the Government of Mexico to establish any system of 
public education as one of the grievances leading to the great 
political event announced by that instrument in these words: 
"It," (the Government of Mexico) "has failed to establish any 
system of education, although possessed of almost boundless re- 
sources (the public domain), and although it is an axiom in 
political science, that unless people are educated and enlighten- 
ed, it is idle to expect the continuance of civil liberty or the 
capacity for self-government." The political axiom thus re- 
ferred to has, since the time it was recognized by the wise men 
who framed that declaration by the extension of the right of suf- 
frage, become vastly more significant than it was at that time, 
and the differences of opinion formerly existing as to the ex- 
pediency of public education have vanished in the presence of 



HUd., 176-179; Houston Daily Telegraph, January 13-15, 1876. 



684 University of Texas Bulletin 

the dangers to republican government and popular liberty from, 
uneducated and unenlightened universal suffrage. 

With universal suffrage we must have universal intelligence, 
if we would perpetuate free government, and a system of public 
education will alone accomplish it. The public sentiment of the 
enlightened and civilized world has crystallized in favor of pub- 
lic education, and the people who fail to recognize the fact and 
act accordingly, will find themselves laggards in the general 
march of improvement. Every State in the Union is striving to 
perfect a system of public education, and Texas must not do less. 
You are required by the clause of the Constitution referred 
to "to establish and make suitable provision for the support and 
maintenance of an efficient system of public schools." The 
fund known as the available school fund, consisting of one-fourth 
of the general revenue of the State, all the poll taxes, and the 
interest on the bonds in which the permanent school fund is in- 
vested, constitute the means placed at your disposal annually for 
carrying out the provisions of the Constitution. 

From these sources the Comptroller estimates the following 
receipts for the year beginning September 1, 1876 : 

One-fourth State revenue $350,000 00 

Poll taxes 140,000 00 

Interest on United States bonds 30,000 00 

Interest on railroad bonds 135,000 00 



$655,000 00 



It may be remarked that the estimate is based on an improved 
assessment and collection of the State revenue, and will be borne 
in mind that if the expenditures or debts incurred in any one 
year exceed the amount of the available school fund, there is no 
constitutional mode of paying the excess, because only the availa- 
ble school fund, whatever that may be, is allowed to be expended, 
and that fund is set apart each year to maintain the schools for 
that year, and deficiencies of preceding years cannot be paid out 
of it. The report of the Superintendent of Public Instruction 
will inform you as accurately as it can be arrived at of the num- 
ber of the scholastic population in the State, between the ages of 
six and eighteen years, as fixed by the old Constitution. It will 



Education in Texas 685 

also inform you of the cost per cdpita per month of free tuition 
under the old system. 

Bearing in mind the amount of the fund provided for this 
purpose and the cost per month of each scholar, the scholastic 
age may be established so as with reasonable certainty to include 
the number that can be provided for with our resources and no 
more. To be efficient, no more should be attempted than can be 
done well. I suggest five consecutive months as the annual school 
term, and eight years as the lowest age of the scholar ; the limit 
above that, of course, to be regulated by the number which will 
be included between the two. Thirteen will, it is believed, be 
found at least as high as you can go with a five months term. 
The rudiments of a plain English education only should be at- 
tempted. In sparsely settled portions of the country, the num- 
ber of children within the scholastic age, in neighborhoods where 
schools are needed, will not be sufficient frequently alone, to 
form a school which will maintain a teacher. It hence, will be 
necessary that our general system shall co-operate with the pri- 
vate enterprise in this line ; but it should be borne in mind in this 
connection that your constitutional duty is to establish and main- 
tain an "efficient system of public free schools;" and while 
under a co-operative system, scholars outside of the scholastic 
age would be admitted into the schools on such terms as would be 
agreeable to the proprietors or teachers of the schools, I would 
regard it indispensable that the school be subject to all the pro- 
visions of the law and the regulations of the board of education, 
touching public free schools. In this connection, your attention 
is directed to Sec. 10, Art. XI, new Constitution, which author- 
izes you to constitute any town or city an independent school 
district. 

The organization of the system should not be encumbered 
with the multitude of petty officers which has so disgusted the 
people with the old system. The County Courts might be con- 
stituted county school boards. The assessor of taxes might be 
required to take the scholastic census annually, and return it 
with their rolls to the Comptroller, as a basis for the distribu- 
tion of the funds between the counties by the board of education, 
filing also a duplicate with the County Court. 



686 University of Texas Bulletin 

The system should be as flexible as possible, leaving to the 
board of education established by the Constitution, consisting of 
the Governor, Comptroller and Secretary of State, much discre- 
tion and authority over the whole subject. 

If a system is inaugurated, simple in its operation, which cov- 
ers well the ground it attempts to occupy, pays what is promised 
to teachers promptly when due, and is maintained as a system of 
public free schools in the sense of the Constitution, in contra- 
distinction to an annual distribution of funds among private 
teachers, I believe it a germ from which, as our resources in- 
crease, and as aided by our splendid land endowment now com- 
ing into market, will grow a system of public education, which, 
in the course of time, will cover the entire educational field 
in Texas. 

A system, which, having grown up among our people from a 
small beginning, its roots and fibres will have permeated our 
social system, the people will have been educated to an apprecia- 
tion of its benefits, and will cherish and foster it. The public 
mind has not recovered from the rude shock experienced from 
the attempt to force upon the State the unsuitable, extravagant 
and onerous system provided for in the old Constitution, with its 
brood of devouring officials, and needs to be led by slow and easy 
approaches through practical results, which all can see, to the 
realization of the benefits of a system suitable to their condition 
and within their ability to maintain. 

The Board of Education being composed of officers who, with 
their clerks, have already all they can do, have devolved on them 
by the new Constitution the duties formerly pertaining to the 
office of Superintendent of Public Instruction. The correspond- 
ence of this Board, as well as its other labors, will be heavy, and 
to perform them and keep its records the assistance of a first 
class clerk will be necessary, which you are requested to pro- 
vide for. 

The annual report of the Superintendent of Public Instruc- 
tion is herewith furnished, and recommended to your attention. 
The statistical and other information it contains will be valuable 
in your deliberations upon the organization of a new system. 
The labors of this officer in his department, now abolished, have 



Education in Texas 687 

been arduous, and his position beset with many difficulties ; but 
his discharge of duty has been faithful, and as efficient and 
satisfactory in results as the adverse circumstances surrounding 
him would permit. 



Very respectfully, 

Eichard Coke. 1 

SCHOOL LAW OF 1876 

An Act to establish and provide for the support and main- 
tenance of an efficient system of Public Free Schools. 

Section 1. Be it enacted by the Legislature of the State of 
Texas, That the Governor, Comptroller, and Secretary of State, 
as the Board of Education, shall distribute the available school 
fund annually to the several counties of the State, on the basis 
of their scholastic population, prior to September first of each 
year, on which day each scholastic year shall begin. 

Sec. 2. The Governor of the State shall be President of the 
Board of Education. A majority of said Board are authorized 
to perform all duties devolved by law on said Board. 

Sec. 3. Said Board, if, in their judgment, the educational 
interests of the State require, may appoint some competent per- 
son as Secretary, who shall receive an annual salary of fifteen 
hundred dollars ($1500), to be paid out of the available school 
fund. He shall take the oath of office prescribed by the Consti- 
tution, and perform such duties as may be required by the Board. 

Sec. 4. Said Board shall keep a complete record of all its pro- 
ceedings, which shall be signed by the President of the Board at 
each session thereof. They shall cause to be filed all papers, re- 
ports, and documents transmitted to them by school officers or 
others, and keep a complete index thereof ; they shall counsel and 
advise with county school officers and teachers, as to the best 
manner of conducting schools throughout the State, and shall 
give such instructions, not inconsistent with this act, to county 
school officers in the interest of common-school education as they 



^■Message from the Governor of Texas to the Fifteenth Legislature, 
First Session, 1876, 50-53. 



688 University of Texas Bulletin 

may deem advisable. They shall, from time to time, address 
circular letters to county school officers, giving advice as to the 
best manner of conducting schools, constructing school-houses, 
furnishing the same, and procuring competent teachers. They 
shall cause to be printed, in pamphlet form, all school laws in 
force after this session of the Legislature, and a like publication 
after each session during which amendments may be made or 
new laws enacted, which shall be distributed to school officers 
and teachers throughout the State. 

Sec. 5. They shall, one month prior to the meeting of each 
regular session of the Legislature, and ten days before the meet- 
ing of any special session having authority under executive 
proclamation to legislate on matter pertaining to public free 
schools, make a full report of the. condition of public free schools 
throughout the State ; the whole number of white and colored 
schools, which have been taught in each county in the scholastic 
year; the number of pupils, white and colored, in attendance 
receiving tuition free of charge ; the number paying tuition ; the 
number of white and colored children within scholastic age in 
the State ; the number of scholastic age and less than eighteen 
years old, and how many of said number are unable to read ; the 
number within scholastic age who have not attended school; the 
number within scholastic age unable to read ; the amount of 
public free school fund ; how its revenue for the previous year 
has been distributed and expended; the number of public free 
school-houses in each county, with a description of their kind and 
condition, together with such other information and sugges- 
tions as they may deem important for promoting education ; 
which report shall be laid before the Legislature the first week 
of each session that may have power to legislate on school affairs. 
Whenever said reports are ordered to be published, two thousand 
copies shall be presented (printed), in pamphlet form, for fur- 
nishing the Legislature and such school officers and libraries in 
the State as the Board of Education may direct, and to Superin 
tendents of each State and Territory. 

Sec. 6. Said Board shall furnish to county school officers all 
blanks and forms necessary in making reports, or in carrying 



Education in Texas 689 

out such institutions as they may give them, not inconsistent 
with this act. 

Sec. 7. Said Board shall require from school officers and 
teachers such reports necessary to school affairs and school funds 
as they may deem proper for collecting information for legisla- 
tive consideration. 

Sec. 8. On or before the first day of September of each year 
the Board of Education shall apportion the available school fund 
appropriated by the Legislature to the several counties in the 
State, according to scholastic population, upon the latest and 
most reliable date ; and they shall issue certificates to the County 
Treasurer of each county for the amount of the available school 
fund to which said county is entitled, subject to the restrictions 
herein contained. They shall also furnish an abstract of said 
apportionment to the Comptroller of Public Accounts, and to 
each County Judge in this State a statement of the amount ap- 
portioned to his county. 

Sec. 9. The Board of Education shall issue to school officers 
such instructions in the interest of public free schools as they 
may deem expedient, when not inconsistent with the provisions 
of this act. 

Sec. 10. The Board of Education shall be allowed all neces- 
sary expense for books, postage, and printing and stationery re- 
quired for their office. 

Sec. 11. Whenever, in this act, the words "school officers," 
or ' ' officer, ' ' are used, the same shall be construed to include any 
officer of this State upon whom is devolved, by law, a duty per- 
taining to public free schools, as well as such officers as are 
created by this act. 

School Fund. 

Sec. 12. One-fourth of the occupation and ad valorem taxes 
assessed since March 30, 1870, exclusive of the costs of collec- 
tion ; one-fourth of all the ad valorem and occupation taxes that 
may hereafter be collected, exclusive of the costs of collection ; all 
poll taxes due since March 30, 1870, uncollected and which may 
be collected, exclusive of the costs of collection; all poll taxes 
hereafter to be collected, exclusive of the costs of collection ; the 
interest arising on any bonds and funds, and all the interest de- 



690 JJyiiversity of Texas Bulletin 

rivable from the sale of lands hereinbefore set apart for the per- 
manent sehool fund, belonging to the permanent school fund, and 
which now are or may hereafter come into the State Treasury, 
shall constitute the available school fund, and shall be appro- 
priated for the establishment, support and maintenance of public 
free schools. 

Sec. 13. All conveyances, devises and bequests of property, 
made by any one for the benefit of public free schools, for any 
county, city or town, shall, when not otherwise directed by 
grantor or devisor, vest said property in the County Judge of 
the county, or the Mayor of said city or town, and their succes- 
sors in office, as the trustee for those to be benefited thereby, and 
the same shall, when not otherwise directed, be administered by 
said Judge or Mayor, subject to the approval of the Board of 
Education. 

Sec. 14. The available public free school fund shall be dis- 
tributed to school communities in the several counties, to be or- 
ganized on the application of the parents and guardians of those 
to be benefited thereby to suit their convenience, without refer- 
ence to geographical lines within the counties. 

Sec. 15. The available public free school fund shall be ap- 
propriated in each county for the education alike of white and 
colored children, and each race shall receive its just pro rate, as 
far as practicable, in each county, according to the number of 
children of each race within scholastic age. 

Sec. 16. No school in which .sectarian religion is taught shall 
be entitled to any portion of the available public school fund, 
nor shall any form of religion be taught in any public free 
school in this State. 

State Comptroller's Duties in Regard to School Fund 

Sec. 17. The Comptroller of the State shall keep a separate 
account of the amount of available school funds arising from 
every source ; he shall, on or before the meeting of each regular 
session of the Legislature, report the amount of the available 
school fund that he may estimate will be received for the next 
two years, and which may be subject to appropriation for the 
establishment and support of public free schools, and the several 



Education in Texas 691 

sources from which they accrue ; he shall draw his warrant on 
the State Treasurer in favor of any County Treasurer, or in 
favor of any County Collector of Taxes, in the manner and 
under the circumstances provided by this act for the amount of 
such fund due his county, on presentation of a certificate from 
the Board of Education issued to the County Treasurer, showing 
the amount to which such county is entitled, duly endorsed by 
the County Treasurer. 

Duties of State Treasurer Pertaining to School Fund. 

Sec. 18. It shall be the duty of the Treasurer of the State to 
receive and hold as a special deposit all school moneys, and he 
shall keep a correct account of the several sources from which 
they accrue ; he shall report to the Governor thirty days before 
the meeting of any session of the Legislature, which may have 
power to legislate regarding public school funds, and at such 
other times as the Board of Education may require, the condi- 
tion of the permanent and available school fund ; the amount of 
each in the Treasury, and the manner and amount of disburse- 
ment since his last report. He shall pay out the available school 
fund whenever applied for, only on a warrant of the State Comp- 
troller issued on certificates of the Board of Education, on each 
of which shall be endorsed the name of the party to whom it was 
payable. He shall, under no circumstances, use any portion of 
the permanent or available school fund in payment of any war- 
rant drawn against any other fund whatever. 

Scholastic Age. 

Sec. 19. All children between the ages of eight and fourteen 
years shall be entitled to the benefit of the available free school 
fund, under this act, without regard to race or color. 

Scholastic Census. 

Sec. 20. It shall be the duty of the Assessor of Taxes of the 
several counties in the State to take a careful census of the chil- 
dren in their counties, who will be of the age of eight and not 
over the age of fourteen years on the first day of September sue- 



692 University of Texas Bulletin 

ceeding the taking of such census, which census shall contain the 
name, sex, age and race. A separate census shall be made out 
and returned by the Assessor, embracing the population within 
scholastic age within the limits of each incorporate city and town 
in his county, which shall contain the same data required in mak- 
ing the general census. All children known to the Assessor to 
contain an admixture of African blood shall be returned as color- 
ed. Said list shall, after being sworn to by the Assessor, be re- 
turned to the Clerk of the County Court, together with two ab- 
stracts of the same, showing the number of children, white and 
colored, male and female, and such other data as may be re- 
quired, on the forms furnished by the Board of Education, on 
or before the first day of July in each year ; and shall not receive 
any compensation unless the same is properly made out and 
returned on said day. One of the said abstracts shall be forward- 
ed to the Board of Education, and the County Clerk shall re- 
tain the other and record it in a separate book, after it shall be 
approved by the County Judge. The copy of said abstract shall 
be forwarded by the County Judge to the Board of Education 
immediately after the completion of the assessment of the county, 
as required by law, and prior to August first of each year. No 
allowance shall be made by the Comptroller for any assessment 
of taxes in any county until the County Assessor shall exhibit 
and file with him a certificate from the Clerk of the County Court 
of his county, that said census, reports and abstracts have been 
correctly taken, as required by law, approved by the County 
Judge, and filed by said Assessor. And said Assessor shall re- 
ceive for the enumeration of such scholastic population : for the 
first one thousand, four cents per capita, and two and one (half) 
cents for all numbers over one thousand for each and every 
child so enrolled on said lists, to be paid out of the common free 
school fund by the County Treasurer, on the certificate of the 
County Judge, showing how much he may be entitled to re- 
ceive. The County Clerk, for services required by this act, 
shall be allowed such compensation as may be allowed by the 
Board of Education, not to exceed one-eighth of the amount 
allowed for like labor under the other laws regulating the fees 
of office. 



Education in Texas 693 

Sec. 21. Assessors, in taking a scholastic census, shall in 
all cases make careful inquiry as to the age of the child, avail- 
ing themselves of all accessible information, and may, in their 
discretion, require the parent or guardian to answer under 
oath upon the question of age. 

County Treasurer 

Sec. 22. The Treasurers of the several counties in this 
State shall be Treasurers of the available public free school 
fund for their respective counties; and they shall be allowed 
only one per cent. commissions for disbursing the same, but 
shall be entitled to no commissions for receiving or collecting 
the same; provided, that should the Collector of Taxes of the 
county make default in paying over to the Treasurer on the 
certificate of the Board of Education, in a reasonable time, 
such Treasurer shall be allowed in settlement of his account 
such exchange for collecting the pro rata distributive portion 
of school fund due his county as may be allowed and certified 
to by the Board of Education. 

Sec. 23. On receipt of notice from the Board of Education 
of the amount of State fund apportioned to the county, the 
County Treasurer shall execute bond for double the amount 
thus apportioned, with two or more good .securities, to be ap- 
proved by the County Judge, conditioned that he will safely 
keep and faithfully disburse the school fund according to law, 
and pay such warrants as may be drawn on said fund by com- 
petent authority. No certificate entitling said Treasurer to 
receive said pro rata of the school fund shall be issued by the 
Board of Education until a certificate has been received by 
said Board of Education from the County Judge, that the bond 
herein required of the Treasurer has been executed according 
to law, and that it has been filedl and approved by the County 
Judge ; provided, that such bond, when once executed by the 
County Treasurer, shall entitle him to receive the pro rata of 
the school fund for his county annually, until otherwise order- 
ed by the Board of Education. 

Sec. 24. The County Treasurer shall keep a record of all 
school funds received by him, showing the year for which the 



691 University of Texas Bulletin 

same are to be disbursed, and shall credit school communities, 
after numbering and otherwise designating such communities, 
with such amounts as may be apportioned to them by the 
County Judge. All balances of the general fund not appropriated 
for the current year shall be carried over by the Treasurer 
as part of the general fund for the county for the succeeding 
year, and balances unexpended or unappropriated for a school 
community shall be carried over for the benefit of isuch school 
community if it be reorganized for the following year ; and 
if it be not reorganized, shall be added to the general fund 
for distribution for the general benefit of the county at large. 

Sec. 25. That where there is any money or other property 
in the County Treasury to the credit of any school district, 
as constituted under the law repealed by this act, upon appli- 
cation to the County Judge by the trustees of any school com- 
munity, incorporated city or tow r n composing a part of said 
district, it .shall be the duty of said County Judge to notify 
the trustees of the school communities composing the balance 
of said district to appear before him on a day named in said 
notice ; and upon said date he shall enter up his order, making 
an equitable partition and distribution of said money and other 
property to the various communities, incorporated cities' and 
tow T ns, composing said original district; a copy of which order 
shall be delivered to the County Treasurer for his guidance, 
and the fund so distributed shall constitute a part of the avail- 
able school fund for said communities; provided, that this sec- 
tion shall not be construed to authorize the sale of any real 
estate already appropriated or purchased for public school 
purposes, situated in an incorporated city or town, constituting 
a separate school district, until the consent of the municipal 
authorities has been obtained ; and provided further, that out 
of said money in the County Treasury to the credit of any 
school district, the amount or amounts due teachers to 31st of 
August, 1876, under the law 7 repealed by this act, shall be first 
paid before said money or property shall be partitioned and 
distributed to the various communities. 

Sec. 26. It shall be the duty of the Sheriffs or Tax Collectors 
of the several counties to paj r over to the County Treasurers 
thereof all money collected by virtue of any school tax heretofore 



Education in Texas 695 

levied, and all persons who, while holding the office of Sheriff, 
have collected such money and have not accounted for the same, 
shall be liable on their official bends therefor. And all moneys 
in the hands of the Treasurers of the School Boards, of the Tax 
Collectors and the County Treasurer, that have been, or may 
hereafter be, collected or paid into the County Treasury, are 
hereby placed under the control cf the County Commissioners' 
Court, and shall be paid out on warrants drawn by their order 
for such purposes as are now, or may hereafter be, provided by 
law. And the County or District Attorney shall institute suit 
against any and all persons who fail or refuse to comply with the 
provisions of this section. 

Sec. 27. Upon receipt of a certificate from the Board of Edu- 
cation, countersigned by the Comptroller of Public Accounts, 
stating the amount of the available school fund to which any 
county is entitled, the Treasurer of such county shall present the 
same to the Collector of Taxes of his county, who shall pay the 
amount therein specified, from time to time, as taxes payable in 
the State Treasury, which payment shall be receipted for on the 
certificate, and also a receipt shall be given to the Collector ; and 
when the whole is collected, the County Treasurer shall deliver 
the said certificate to the Collector of Taxes, in whose hands it 
shall be a voucher for so much money in his settlement with the 
Comptroller of the State. 

Board of School Examiners. 

Sec. 28. It shall be the duty of the County Judge to appoint 
a Board of School Examiners for his county, for each scholastic 
year, consisting of three well educated citizens of the county, who 
shall examine, before their employment, all teachers cf public 
free schools, for which service they shall receive from each ap- 
plicant examined by them three dollars. Every teacher, before 
being employed to teach any of the public free schools of this 
State, must obtain from the County Judge, on the report of the 
Board of School Examiners, a certificate of qualification ; and no 
teacher can make a legal contract to teach a public free school 
without first obtaining such certificate. 



696 University of Texas Bulletin 

School Communities. 

Sec. 29. Parents and guardians, or next friend, of any minor, 
residents of any county of this State, on or after the first Mon- 
day of January, and up to the beginning of the next scholastic 
year, in order to avail themselves of the benefits of the available 
school fund for their county, for the scholastic year, beginning 
the next succeeding September, may organize themselves into 
school communities, embracing such population as may agree to 
avail themselves of the benefits of the available public free school 
fund, on the following terms, viz : They shall make out a list to 
be signed in person by such parents and guardians as desire to 
avail themselves of the available school fund; which list shall in- 
clude the names and ages of children to be instructed, who may 
be within the scholastic age, on the first day of the next Septem- 
ber, which names of children shall be made in alphabetical or- 
der, which list shall also include all minors within scholastic age 
in said community, who have no legal guardians; said list, to- 
gether with an application to the County Judge, stating that they 
desire, in good faith, to organize a school at such place as they 
may designate, shall be filed with the County Judge; said appli- 
cation shall also show the capacity of the school houses, and 
school conveniences, if any. The Assessor, when taking the 
scholastic census, shall also ascertain to what community each 
child belongs; and if it appears that any child is not included in 
any community list, the County Judge shall assign such child to 
the most convenient and appropriate community, and set. apart 
to said community such a child's pro rata of the fund. 

Sec. 30. The application to establish a school, in case there 
be a school house reported, shall ask that the pro rata of the 
available school fund, properly due to the number of children 
reported, be credited to said school community. 

Sec. 31. On receipt of such a petition from a school commu- 
nity, the County Judge shall compare the list of pupils presented 
in such application with the census made out by the County 
Assessor, and if the names of the children within scholastic age 
appear on said list, or if proof be made that they should have 
been placed on said list, and the County Judge be satisfied that 
the petition is in good faith, he shall enter an order, in a book 



Education in Texas 697 

kept for that purpose, sanctioning the establishing of said school 
community, and shall designate it by its name and number. 

Sec. 32. School communities may be organized, when popula- 
tion will permit, for separate male and female schools, or for 
mixed schools, male and female, as the necessities and condition 
of each community may require. Three trustees shall be ap- 
pointed by the County Judge for each community, who shall dis- 
charge such duties as are herein prescribed, or which may be 
prescribed by the Board of Education, and who shall see that the 
school for which they are trustees shall be conducted in accord- 
ance with the provisions and limitations of this act. 

Sec. 33. After the receipt from the Board of Education of a 
certificate showing the amount of State school fund due the 
county for the next succeeding scholastic year, the County Judge 
shall apportion the same to the scholastic population of his 
county, according to the last census taken by the Assessor, as the 
same may have been corrected by inserting or omitting names, 
and direct the County Treasurer to credit the school communi- 
ties, by number and name, with the amount of said school fund 
to which their scholastic population may be entitled in the ag- 
gregate. 

Sec. 34. The trustees of any school community, already pro- 
vided with a school-house, desiring to avail themselves of the ben- 
efits of a public free school, shall employ a teacher holding a cer- 
tificate of competency, issued by the Board of Examiners herein 
provided for, to teach school for such community at such time 
during the scholastic year as they may designate, having due re- 
gard for the convenience of the community : provided, however, 
that every school shall be taught, as nearly as practicable with- 
out intermission for the period contracted for with the teacher. 

Sec. 35. The trustees of each school community shall contract 
with, the teacher to continue the school for the longest time they 
may be able to agree, for the benefit of the pupils within the 
scholastic age, for the pro rata of the school fund to which such 
community may be entitled, permitting said teacher to instruct, 
in said school, pupils over or under the scholastic age, and to 
teach branches not herein prescribed as the public school course 
of study, at such rates as he and the patrons may agree upon; 



698 University of Texas Bulletin 

provided, that no school with one teacher shall exceed forty 
pupils, except by the consent of the trustees. 

Sec. 36. The contract between the trustees and the teacher 
shall be in writing, and shall specify the number of months the 
school is to be taught, and the wages per month. After being 
signed by the trustees and teacher, it shall be filed with the Clerk 
of the County Court, who shall safely keep the same ; provided, 
teachers shall not receive more than one dollar and. fifty cents 
per month for each pupil within the scholastic age in any school 
community. 

Sec. 37. The Board of Education shall provide teachers with 
a register, in which the names, ages, studies, and daily attend- 
ance of pupils shall be recorded; and with the blank forms to 
enable them to make proper reports through the County Judge to 
the Board of Education about such matters as the Board of Edu- 
cation may instruct. 

Sec. 38. The amount contracted by trustees to be paid a 
teacher shall be paid on a check drawn by a majority of the trus- 
tees on the County Treasurer and approved by the County Judge. 
The check shall, in all instances, be accompanied by the affidavit 
of the teacher that he is entitled to the amount specified in the 
check as compensation under his contract as a teacher. 

Sec. 39. A child within scholastic age entered at one public 
school shall afterwards receive no benefit of the school fund by 
attending another public school during the scholastic year. 

Sec. 40. A teacher's certificate shall be canceled on account 
of such misconduct or immorality as the Board of Trustees shall 
report to the County Judge disqualifying him, in their opinion, 
for the instruction of children. 

Sec. 41. County Judges shall be paid for the services required 
of them under this Act such amount as may be allowed by the 
Board of Education, not to exceed one hundred dollars for any 
scholastic year, to be paid out of the available school fund. 

Sec. 42. When the nearest school community for children 
within scholastic age residing near a county line is situated in an 
adjoining county, such school community may receive such chil- 
dren, for whose tuition the teacher shall be paid by the County 
Treasurer of the county in which said children reside, on pres- 
entation of the account of the teacher, certified to by the Board 



Education in Texas 699 

of Trustees of the community school, and approved by the County 
Judge of the county in which the children reside. Such payment 
shall be made according to the pro rata of the school fund for 
distribution in the county where such children reside ; and in all 
such cases, notice that said children are attending school out of 
the county of their residence shall be given, in writing, to the 
County Judge of the county in which they reside during the first 
four weeks of the session. Such notice, after being received by 
him. shall be filed with the Treasurer of the county in which said 
children reside. 

Teachers. 

Sec. 43. Any one desiring to teach a public free school shall, 
unless known to the County Judge, present a certificate from the 
Justice of the Peace of the precinct in which he or she desires to 
teach, or in which he or she may reside ; or, in case the applicant 
has acquired no residence in this State, then some other certifi- 
cate satisfactory to the County Judge, that he or she is a person 
of good moral character and of correct, exemplary habits. The 
County Judge shall, thereupon, unless satisfied that some good 
cause exists for refusing such certificate, convene the County 
School Board of Examiners, and direct an examination of the 
applicant on the following branches, viz. : Orthography, read- 
ing, writing, English grammar, composition, geography and 
arithmetic. 

Sec. 44. On report by the Board that the applicant is com- 
petent to teach, the County Judge shall cause the same to be filed 
by the Clerk, and shall issue a certificate of competency to the 
teacher, authorizing him to contract with trustees of any school 
community to teach a school as contemplated by this act; which 
certificate shall be valid in the county where issued for the cur- 
rent scholastic year, and may be renewed by the County Judge 
for any subsequent year without examination, if the Judge be 
satisfied of the propriety of such renewal. 

Sec. 45. The time for teaching public free schools shall be at 
such seasons of the year as may be fixed by the Trustees of each 
community, who, in determining the same, shall be guided by the 
convenience or interests of the parents and guardians, so as to 
secure the largest attendance of scholars with the least injury to 
home interests. 



700 University of Texas Bulletin 

Sec. 46. Public free schools shall be closed on every Saturday, 
on Christmas and New Year's Day, on national or on State 
Thanksgiving Day, on the twenty-first day of April (the anni- 
versary of the battle of San Jacinto), and on every national 
holiday. The session shall continue seven hours each day, and 
may continue longer by agreement with teacher and trustees. 

Sec. 47. It shall be the duty of teachers to keep an accurate 
record of daily attendance of each pupil, and all other statistics 
required by the Board of Education necessary to make a com- 
plete report at the end of the term, which shall be filed with 
duplicate abstracts thereof with the Clerk of the County Court, 
one of which shall be forwarded by the County Judge to the 
Board of Education. 

See. 48. Teachers, on the organization of their schools- shall 
determine the books of instruction to be used, subject to the ap- 
proval of their community trustees, having due regard to the 
convenience of the parents with regard to books already pur- 
chased. 

School-houses. 

Sec. 49. When a school community, organized on the appli- 
cation of parents and guardians as herein provided, has no 
school-house, and a majority of its members are willing to assist, 
with their private means or labor, in building one, and shall 
donate a school-site for neighborhood public free school pur- 
poses, and deliver a deed therefor to the County Judge, ex- 
ecuted to him and his successors in office in trust for public free 
school purposes, and shall pay for the registry of the same, they 
shall state the amount they propose to invest of their private 
means, and the value of the labor and material they propose to 
furnish free of charge for the erection of said house, and ask 
that the pro rata of the school fund to which the children in 
such community would be entitled may be set aside to assist in 
building said school-house. And the trustees of school commu- 
nities, upon the order of the County Court, or the municipal 
authorities of any city or town constituting a separate school dis- 
trict, are hereby authorized and empowered, when deemed ad- 
visable, to sell any property belonging to said school community 
to the highest bidder, for cash or on time, as they may see proper; 



Education in Texas 701 

and apply the proceeds to the purchase of necessary grounds, or 
to the building, repairing- or. renting of school-houses. 

Sec. 50. Upon receiving the application described in the 
foregoing section, the County Judge may enter an order grant- 
ing said application ; and notify the County Treasurer to credit 
such school community with the fund that may be apportioned 
thereto for building a school-house; provided, that the amount 
of money, labor, and material subscribed, together with the pro 
rata of the available school funds for one year to which said 
community would be entitled, would be sufficient to erect a com- 
fortable school-house, with a capacity adequate to accommodate 
the children that may belong to said school community; pro- 
vided, also, the community shall furnish one-half the amount 
necessary to build the house. 

Sec. 51. Every school-house erected under the provisions of 
this act shall be erected under a contract for building, made with 
the school trustees of the school community who shall have con- 
trol and direction of the work; and all accounts for labor and 
material furnished for said schoolhouse shall be approved by 
them, and paid out of the fund apportioned to the school com- 
munity for building purposes, on warrant of County Judge ; but 
no such account shall be paid until the house is completed, un- 
less the County Judge be fully satisfied, from securities de- 
posited, with the County Clerk for the use of the public school 
fund of the county, that the money, work, and material sub- 
scribed will be forthcoming when required in the progress of the 
work; provided, that nothing contained in this act shall be so 
construed as to prevent any school community from using the 
funds indicated in this section for being used in the purchase as 
well as the building of a school-house when the provisions of this 
section are complied with in reference to the title to the same. 

Sec. 52. When the trustees of any school community not hav- 
ing a public school-house shall determine it to be to the interests 
of the community they represent to rent or lease a house for 
school purposes instead of building one, they are authorized to 
rent or lease the same for the scholastic year; the rent so con- 
tracted to be paid by the County Treasurer out of the school fund 
to which the children in such community would be entitled, upon 
the warrant of said trustees, approved, by the County Judge; 



702 University of Texas Bulletin 

provided, the amount cf rent so contracted shall not exceed six 
dollars per month for a suitable house, to be adjudged of by said 
trustees; which house so rented, for the time, shall be, as shall 
also each and every other community school-house, under the 
control of the trustees of the school community for school pur- 
poses, and for such' other uses for the convenience of the neigh- 
borhood as may not interfere with school interests, but subject 
to the discretion of the school trustees. All schcol-houses erected 
under the provisions of this act shall be subject to the control of 
the trustees of the school community for whose benefit the same 
was erected ; and, when deemed advisable, may be disposed, of 
as provided for in section 49 of this act. 

Sec. 53. A school-house, constructed in part by voluntary 
subscription by colored, parents and guardians and for a colored 
school community, shall not be used, without the consent of the 
-colored community assisting in its erection, for the education of 
white children; and a like rule shall protect the use of school- 
houses erected in part by voluntary subscription of white parents 
or guardians for the benefit of white children. 

Sec. 54. In no case shall any school, consisting partly of 
white and partly of colored children, receive any aid from the 
available school fund,, but the two races shall always be taught 
in separate public free schools. 

Sec. 55. Any incorporated city or town in this State may 
have exclusive control of the public schools within its limits; 
provided, they determine so to do by a majority vote of the 
property taxpayers of said city or town; and the Council or 
Board of Aldermen thereof are invested with exclusive power 
to maintain, regulate, control and govern all the public free 
schools now established or hereafter to be established, within the 
limits of said city or town; and they are furthermore author- 
ized to pass such ordinances, rules and regulations not incon- 
sistent with the Constitution and laws of this State, as may be 
necessary to establish and maintain free schools, purchase build- 
ing sites, construct school-houses, and generally ta promote free 
public education, within the limits of their respective cities or 
towns. 

Sec. 56. When any such city or town shall, in good faith, 
elect to assume control and management of the public free 



Education in Texas 703 

schools within its limits, and shall have notified the State Board 
of Education, and the County Judge of the county in which it 
is situated, it shall receive from the Collector of Taxes in the 
county, on the certificate of the Board of Education, such a pro- 
portion of the public revenue in its hands as its scholastic pop- 
ulation may entitle it to, which certificate shall be a voucher in 
the hands of the Collector of Taxes for so much money in his 
settlement with the State Comptroller. Such an additional 
amount as a city or town having control of public free schools 
may desire to raise by taxation for school purposes, shall be 
levied upon the taxable property in the limits of said town or 
city, in accordance with the usual assessment of taxes for munici- 
pal purposes; but such additional tax shall not exceed one per 
cent on the city assessment of taxable property within its lim- 
its, and shall not be levied unless at an election, held for that 
purpose, two-thirds of those paying a tax on property in said 
city or incorporated town, to be determined by the last assess- 
ment rolls of said city or town, shall vote therefor. Schools thus 
organized and provided for by incorporated cities or towns shall 
be subject to the general laws of the State, so far as the same are 
applicable ; but each city or town having control of schools within 
its limits shall constitute a separate school district, and may, by 
ordinance, provide for the organization of schools, and the ap- 
propriation of its school fund in such manner as may be best 
suited to a dense school population. 

Sec. 57. The title to all houses, lands and other property, 
now owned or which may hereafter be purchased or acquired by 
a city or town for the benefit of public free schools, and all 
houses, lands or other property, purchased for the benefit of 
public free schools in the county, and lying within the limits of 
any town or city, which may have assumed, control and man- 
agement of the public free schools within its limits and con- 
formity with law, shall be vested in the City or Town Council 
or Board of Aldermen, in trust for the sole use of public free 
schools established under this act; but no houses or lands so 
held in trust, or that may hereafter be acquired for the benefit 
of public education, shall be sold or otherwise diverted, from the 
use herein indicated, without the consent of the State Board of 
Education. 



704 University of Texas Bulletin 

Sec. 58. The apportionment of the available public free 
school fund to be made by the Board of Education for the 
scholastic year, beginning September 1, 1876, shall be made on 
the basis of the apportionment for the year ending August 31, 
1875. 

Sec. 59. For counties organized since September 1, 1875, the 
Board of Education, for the first scholastic year, shall appor- 
tion the available school fund on the most reliable data, as to 
population, accessible. 

Sec. 60. The annual apportionment for the support of pub- 
lic free schools for the scholastic year subsequent to August 31, 
1876, and prior to the scholastic year which will begin after the 
next regular session of the Legislature, shall be based on esti- 
mates, to be furnished by the State Comptroller, of available 
school funds that may be received for said year. 

Sec. 61. For the scholastic year beginning September 1, 1876, 
school communities may organize and apply for the benefit of the 
available public free school fund, at any time prior to January 
1, 1877. 

Sec. 62. County school officers, and school officers for cities 
and towns, under school laws in force prior to the passage of 
this act, shall continue to discharge the duties of their respec- 
tive offices under existing laws in the disbursement of school 
funds already appropriated, until August 31, 1876, and shall 
make settlement with the County Judge in their counties, who> 
shall cause to be turned, over any balance, unexpended of school 
funds, to the County Treasurer, subject to the provisions of this 
act. 

Sec. 63. Immediately on the passage of this act, five thou- 
sand copies of the same shall be published by the Board of Edu- 
cation, and at once, such number as the Board may direct, shall 
be sent to each County Judge in the State. 

Sec. 64. On account of the emergency resulting from the ne- 
cessity of immediately promulgating this act, that the people 
may be advised of their rights under the same, and in time to 
prepare for the next scholastic year, this act shall take effect 
and be in force from and after its passage. 

Approved August 19- 1876. 

Takes effect from passage. 1 






'Gaminel's Laws of Texas, Vol. 8, (1035-1046), 



Education in Texas 705 

TEXAS STATE GRANGE, 1878 

Bryan, January 8-15 

The Texas State Grange of the Patrons of Husbandry was organized 
at Dallas, October 7, 1873. It disclaimed being a political organization, 
but encouraged its membership in the discussion of questions affecting 
the welfare of the farmer. No formal statements of all their demands 
were prepared, as they depended upon petition and memorial to bring 
these demands to the attention of legislators. The demands, adopted 
in 1878, 1880, and 1882, when the Texas State Grange had a member- 
ship of about forty thousand, will indicate the trend of their demands. 

Resolved, 

[6] It was voted to memorialize the Legislature to repeal the 
produce tax (p. 50), and to establish an experimental farm in 
connection with the Agricultural and Mechanical College. 1 

INDEPENDENT GREENBACK CONVENTION, 1878 

Austin, March 12 

The first State convention of the Independent Greenback clubs met 
at Austin, March 12, 1878. About forty delegates attended; eight or 
ten of them were colored. 



PLATFORM 

Whereas, The object of our republican government is to pro- 
tect alike the rights of every individual in the Union, irrespec- 
tive of section, State, riches, poverty, race, color, or creed ; and, 

Whereas, Both the old political parties have persistently 
ignored this fundamental principle; have encouraged sectional- 
ism, fostered monopoly, and carried on a financial system so 
radically wrong as to pauperize the masses to support a chosen 
few in idleness and luxury ; therefore, we, the delegates of the 
Independent Greenback clubs of the State of Texas, in conven- 



1 Winkler, E. W. Platforms of Political Parties in Texas, 179-180; 
Proceedings of the Fourth Annual Session of the Texas State Grange, 
Patrons of Husbandry, held at Bryan, Brazos Co.,, Texas, January 8, 
9, 10, 11, 12, 14 and 15, 1878. 



706 University of Texas Bulletin 

tion assembled, do hereby sever all connection with other parties, 
organizing ourselves under the name of the Independent Green- 
back party of Texas, and make this declaration of our principles : 



7. An efficient system of public free schools, commensurate 
with the growth and importance of our State. 1 

DEMOCRATIC STATE CONVENTION, 1878 

Austin, July 17-24 

The Democratic convention of 1878 was one of the most remarkable 
held in Texas. About 1,300 delegates attended. 

PLATFORM 

Whereas, It is right and proper that the friends of consti- 
tutional government should reassert their devotion to it, and to 
proclaim the principles upon which it should be administered : 
therefore, 

Resolved, 1. 

4. That a faithful adherence to the following principles is 
necessary as an essential to the preservation of government, viz: 
Home rule ; the supremacy of the civil over the military power ; 
the separation of church and state; the equality of all citizens 
before the law; absolute acquiescence in the lawfully expressed 
will of the majority; and the maintenance and perfection of a 
common school system. 2 

GREENBACK LABOR STATE CONVENTION, 1878 

Waco, August 7 and 8 

The Greenback Labor party claimed 482 clubs in Texas; of this num- 
ber seventy were for colored voters. Two hundred and seventeen dele- 



Vbid., 180-181; Austin Daily Statesman, March 14, 1878. 
2 Ibid„ 181-187; Daily Democratic Statesman (Austin), July 18-25. 
1878. 



Education in Texas 707 

gates were entitled to seats in the convention, but all were not present. 
The Democrats and Republicans contributed equal shares of the number 
in attendance, but while very few of the old Democratic leaders were 
present, the Republicans had some of their strong men there. 



PLATFORM 

The representatives of the National Greenback Labor party of 
the State of Texas, in convention assembled, placing their trust 
in the intelligence, patriotism, and discriminating justice of the 
people of the State, do hereby announce the following as the po- 
litical principles for the establishment and maintenance of which 
we pledge our earnest, united, and unceasing efforts. 



10. We pledge ourselves to reestablish in fact common free 
schools, and we denounce the Democratic party for its failure to 
carry out its promises in this regard. 1 

REPUBLICAN STATE CONVENTION, 1878 

Dallas, October 1 and 2 

Chairman Davis and a majority of the State executive committee ex- 
pressed satisfaction with the action of the Greenback convention at 
AVaco, and counseled against holding a Republican State convention. A 
few members of the committee disagreed with this view and, after cor- 
responding with working Republicans in all parts of the State, issued a 
call for a "consultation in regard to the formation of a State ticket," to 
meet at Dallas October 1, 1878. Although less than forty counties were 
represented, the consultation on the second day of its sitting resolved 
itself into a State convention. 

PLATFORM 



14. That the Democratic party is responsible for the de- 
struction of the public school system inaugurated by the Repub- 
lican party, and has utterly failed in its stead to secure an 
efficient system of free schools, which is the greatest necessity of 
the State, as the surest guaranty of progress, and the best 
defense of liberty; that the neglect of the legislature at its last 
session to provide for the payment of teachers and the sustain- 



Ubid., 187-190; Galveston Daily News, August 8 and 9, 1878. 



708 University of Texas Bulletin 

ing of schools for more than one month evidences still more 
completely their hostility to the common schools, whereby the 
children of the country may be educated. 1 

REPORT OF THE PEABODY AGENT. 

FIFTEENTH MEETING OF THE TRUSTEES 

October 3, 1877 

TEXAS 

This State, from the very beginning, made liberal provision 
for education; and, although over a million of dollars were 
withdrawn and used, for military purposes during the war, it 
still has claims and lands sufficient, if properly husbanded, to 
educate every child in the State without resorting to a tax. The 
property held for a school fund has been estimated at $30,- 
000,000. The school law of 1870 was so impracticable that it 
was abandoned,, and a new one passed, and approved April 24, 
1871; and, on the 4th of September of the same year, public 
free schools were opened for the first time in the history of 
Texas. They were put in operation in the midst of great op- 
position, and had a very active but short life during a period 
of fierce party strife. The number of pupils in 1871 was 
63,504, and the expenditures were $50,000. In 1872 the former 
were 115,000 out of 227,615, and the latter $1,342,794. 

The originators of the system accelerated their movements by 
relying more on the authority of the law than on the slower 
process of persuasion. If they did not go too far, they at least 
traveled too fast. As they appeared to have little confidence in 
the people, the people at length showed in turn that they had 
little confidence in them. The one party wielded the law to 
overcome public sentiment; the other wielded public sentiment 
to overthrow the law. 

Complaints were made on both sides. On one, it was alleged 
that there was unreasonable opposition ; on the other, that there 
was an utter recklessness and extravagance in the expenditure 
of public money. The opposition at length prevailed ; and in 



Ubid., 190-193; Galveston Daily News. October 2 and 3, 1873. 



Education in Texas 709 

1873 the school law was so changed, that hardly a vestige of its 
former character remained. A marked difference of opinion 
still continued, some asserting that the public schools were 
virtually abolished ; others, that the schools were preserved, and 
only the power to squander money was abolished. The im- 
mediate effect was undoubtedly adverse to the schools; but 
what was lost in 1873 was regained in 1874, when the attendance 
(including an estimate of the counties that did not report) ruse 
to about 161,670 ; and the amount paid to teachers, to $499.93. 
In 1875 the attendance was 184,705, and the salaries of teachers 
$630,334; and the total expenditure for schools and public 
school officers, $723,052. The present law is certainly very 
defective; but, with a few alterations, such as would probably 
meet with no great opposition, it might be made to operate 
tolerably well. The executive power is not now vested in a 
State Superintendent, but in a Board of Education, consisting 
of State officers assisted by a clerk. But men who are already 
burdened with ether public duties will do little beyond giving a 
formal and hurried attention to schools. The clerk, with no 
official position and with a small salary, cannot be expected to 
perform other than clerical service. This mistake, which was 
unfortunately made in the new Constitution, may be corrected 
in some measure by making the clerk also the chief executive 
officer, under the Board of Education, and by giving him a 
corresponding support. 

Another serious impediment to the schools is the restriction 
of the tax to such narrow limits, except in incorporated cities, 
that schools cannot be continued sufficiently long to be of much 
value. The remedy for this lies in the future. So ample is the 
provision for a permanent school fund that, if what is due to 
it from the State shall be paid, and if the public lands set 
apart for purposes of education shall be advantageously dis- 
posed of, instead of being sacrificed to private interests and 
sold for a nominal amount, the fund itself will be adequate 
to the support of all the schools. 

In the present attitude of affairs, we can effect nothing in 
the country districts. But in the cities, which by their charters, 
can levy a local tax within certain limits, we have ample scope. 
Perhaps it would be expedient under any circumstances to 



710 University of Texas Bulletin 

direct our chief attention at first to the cities. Not only can 
we accomplish more there, and obtain at once a powerful moral 
support for the system, but can effectually do what is most of 
all needed, — present for imitation to all parts of the State ex- 
amples of the most perfect organization and management of 
public schools. It should not be forgotten that in this new and 
distant State there is great want of knowledge on this subject. 
Except with a few teachers educated in Normal Schools in the 
Northwestern States, and emigrants from Germany, there is- a 
prevailing ignorance of the progress made in recent times in 
the processes of education. Now, if in the large cities which 
have never had free schools the best forms of organization and 
the best methods of instruction can be introduced, the whole 
State will look to them as models; and, besides, a good supply 
of young teachers will be furnished, who will carry their newly 
acquired skill ultimately to all the remoter districts. Something 
more is needed than the multiplication of such schools as now 
exist in the greater part of the State. 

In all the arrangements recently made with the cities cf 
Texas, this object has been kept distinctly in view. Assistance 
has been promised, on condition that the schools of each city 
shall be put in charge of a Superintendent who has had a pro- 
fessional training and experience, and who shall be able to 
train the existing corps of teachers by weekly instructions, as 
well as to superintend the schools and direct the teachers in their 
daily work. Until Normal Schools shall be established, this kind 
of training in the cities, and teachers' institutes in all parts of 
the State, will be indispensable. Otherwise, the public schools 
will be but a farce. I need not say that these conclusions are 
drawn from personal observation. The contrast between two 
or three cities which have already adopted these improved 
methods and those that tread in the old Texan paths is almost 
incredible. 

I spent a part of the winter in Texas, visiting its principal 
cities as far south as Galveston and Austin. I was accompa- 
nied by our excellent agent, Rev. Dr. Burleson, who, as a pio- 
neer in education, "had crossed every river and every prairie 
from the Gulf of Mexico to the Red River, and from the Sabine 
to Rio Grande." He had made the necessary arrangements for 



Education in Texas 711 

public meetings in all the places we visited ; and the assemblies 
which we addressed were sometimes very large. While in one 
or two places great indifference was manifested, there was gen- 
erally an interest awakened in education bordering upon enthu- 
siasm. No one can visit this State and notice the change which 
has taken place within the last ten years, without being deeply 
impressed with its speedy future greatness. While middle 
Texas is growing rapidly, the tide of population is continually 
setting westward, new counties being organized and new court- 
houses, school-houses, and churches being built. This circum- 
stance not only illustrates the growth of the State, but shows the 
character of its new citizens, which is very different from that 
of many of the earlier settlers. It is estimated that not less 
than 150,000 persons from abroad enter Texas every year. 
Among these are many families of wealth and refinement. 1 

SIXTEENTH MEETING OF THE TRUSTEES 

October 2, 1878 

TEXAS 

In view of the deep interest expressed by Mr. Peabody, and 
felt by the Trustees, in this great and rapidly rising State, and 
of the want of a succinct and clear statement of the history of 
the efforts there made in behalf of education, I beg leave to pre- 
sent, in this place, the substance of our agent's 2 report of his 
four years' service. Though it alludes to parties without much 
reserve, it contains so graphic a sketch of what has passed be- 
fore his eyes that I should be reluctant to withhold it. 

"The old Texans have, for forty years, earnestly desired a 
system of free schools. They provided a permanent fund of 
$3,500,000, and 70,000,000 acres of land, now valued at $50,000,- 
000. But in the years 1869-73, a number of causes arose threat- 
ening ruin to all these plans of our early statesmen. Identified 
as I had been for nearly thirty years with those men, and being 
one of the few of their survivors, I regarded it as a sacred duty 



Proceedings of the Trustees of the Peabody Education Fund, 1874- 
1881, Vol. II, 112-116. 

2 Dr. R. C. Burleson, President of Waco University. He was State 
Agent from April 21, 1874. Compare The Life and Writings of Dr. 
Rufus C. Burleson, 354-357. 



712 University of Texas Bulletin 

to aid Governor Coke, Superintendent Hollingsworth, and 
others, in bringing order out of confusion, and securing the 
ends which our fathers had in view. 

' ' In undertaking my agenc}% I was met at the outset with the 
following difficulties: 

1. Our territory is so vast, our settlements so scattered, and 
our population so diversified, that many think it is impossible to 
establish and maintain a uniform system of public instruction. 
Of the 1,700,000 people scattered over our vast territory, 150,- 
000 are Germans, 15,000 are Mexicans, 13,000 are Bohemians, 
3,000 are Poles, 2,500 are Norwegians, and 100,000 are colored 
people. 

2. The great mass of the Texans are from the Southern 
States; knowing little of the value of tree schools, and less of 
the best means of conducting them. 

3. The party placed over Texas by the Federal Government 
made free schools a grand feature of their plan of reconstruc- 
tion, and conducted them on strictly party principles. In igno- 
rance cr disregard of our poverty, of the prejudices of the 
people, the vastness of our territory, and the diversity of our 
population, they established a system that might have suited 
New York or Massachusetts, but was ill adapted to Texas. The 
result was such as might have been expected. Vast sums of 
money were squandered. An army of unpaid teachers was 
roaming over the country. Private schools were unsettled, and 
nothing was supplied in their place. There was consequently a 
collapse of the whole system of education. At this juncture, an- 
other party came into power. Like all partizans, they were 
eager to disparage even the good which others had done, and 
often magnified their blunders in regard to free schools. Dema- 
gogues and a venal press were, as ever, ready to pander to the 
passions of the prejudiced and of the ignorant, and to raise the 
clamor, 'Away with free schools!' 'Let every man educate his 
own child!' 

4. All these passions were intensified by the near prospect of 
a prjze of $15,000,000. The Republican Constitution of 1869 had 
restored to the State 8,000,000 acres of land (mostly in the older 
parts of the State), which had been granted to the counties for 
education, by the Constitutions of 1837 and 1845; land specu- 



Education in Texas 713 

lators holding land scrip of the State seized upon these as State 
lands. But, as their right to locate on lands set apart for edu- 
cational purposes was questioned, they endeavored to bring 
odium upon the whole system of free schools, in order to make 
their claims more sure. They called to their aid all the power, 
and enlisted all the talent, that money could procure. 

5. Two powerful Christian denominations had established 
'church schools' in every part of the State, and were hence op- 
posed to a State sj^stem of education. 

"In going among the people as agent of the Peabody Fund, I 
had to grapple with all these difficulties. Sometimes the oppo- 
nents met me in a fiery debate, and sought to arouse against me 
all the passions and prejudices of the ignorant. Sometimes they 
assailed me in an indirect way, through the press, and used a 
thousand devices to prevent me from getting a fair hearing be- 
fore the people. Nothing but my long identity with the edu- 
cational interests of Texas, and the personal regard of the hun- 
dreds I had instructed, gained me an audience. I have can- 
vassed all the counties from the Sabine to the upper Colorado, 
and from the Gulf of Mexico to the Red River. This embraces 
all the older and thickly settled counties. I have visited and 
lectured in all the great centres of influence. I have conferred, 
personally, or by correspondence, with all the mayors of towns 
and cities, and with all our leading politicians and educators. I 
have utilized the principal journals of the State, and have se- 
cured the publication of short articles, and sometimes a series of 
articles, setting forth the importance of free schools, and dis- 
abusing the public mind of prejudices caused by former fail- 
ures. 

"The following ends have been attained: 

1. The 8,000,000 acres of land have been rescued and saved 
for the schools. 

2. Every leading journal and politician of both parties have 
declared themselves in favor of public schools in some form. 

3. One of the two denominations named above has become 
convinced of the impossibility of meeting the wants of all the 
people by means of 'church schools'. The other, the Catholic, 
has undergone no change. What is now most needed is an im- 



714- University of Texas Bulletin 

proved school law, and a more decided interest and action on the 
part of the people." 

The Secretary of the Board of Education, in a letter dated 
July 1, 1878, referring to our aid, says: "The effect upon pub- 
lic sentiment produced by the schools at Denison, San Antonio, 
Brenham, Houston, and New Braunfels, is very marked, and en- 
couraging to the friends of popular education in this State." 
Our Agent, Dr. Burleson, writes, Aug. 20, 1878 : ' ' Our bril- 
liant success in Houston, Brenham, Denison, (and I may add 
with some modification, San Antonio) has been worth $20,000 
to Texas." 

The plan described in my last Report of recommending to the 
cities aided by the Fund experienced and skilful superintend- 
ents to organize graded schools, and to select and train teach- 
ers, was fully tried in Houston, with results which have not only 
gratified but astonished both the city government and the 
people. A few such experiments will clear away, all doubts as 
to the value of public schools. There can be no question that 
this is the surest and quickest way to remove prejudices on the 
subject, where they exist. 

The Secretary of the Board of Education, writing July 30, 
1878, after saying that the reports giving the statistics of the 
schools the present year have not yet been received, adds: "Un- 
der our present law, our schools have prospered as they never 
have before." "The system has taken such deep root in the 
popular mind that no fears need now be entertained for the fu- 
ture." "There will be so many cities applying for aidi frcm the 
Peabody Fund that it will be impossible for me to make a satis- 
factory selection." "It would take at least $25,000 to supply 
the calls that will be made." "I am clearly of the opinion that 
the Trustees would best advance the interest of popular educa- 
tion in this State, if, instead of aiding a few cities, they would 
appropriate $10,000, for the support of a good Normal School. 
I am confident that the State would liberally cooperate with 
them in such a work." 1 



Ubid., 163-166. 



Education in Texas 715 

SEVENTEENTH MEETING OF THE TRUSTEES 
October 1, 1879 

TEXAS 



Since the opening of the year 1879, there has been in all 
Texas a constant contention in regard to school funds. The 
General Assembly, at its regular session, early in the year, passed 
a law making very liberal provision for schools. The Governor 
vetoed the Act, and there was an adjournment, leaving the whole 
question of finances unsettled. All parties plunged into the 
controversy. The men who secured the passage of the law 
and their numerous sympathizers commented on the action 
and views of the Governor in no gentle terms. The sup- 
porters of the veto pleaded the financial embarrassments of the 
State, and the prior claims of its creditors, and those of the de- 
partments of the government for their expenses. A third party, 
smaller in numbers, but louder in its utterances, denounced the 
whole theory of public education as unwise andi unjust. A spe- 
cial session of the Assembly was called, and the Governor, in 
several messages, explained his views more fully, and endeavored 
to correct the impression that he was not friendly to free schools, 
adding that the existing schools were of little value, and that 
they could not be of much improved till the Normal Schools 
should train a better class of teachers. 

The advocates of the bill that was vetoed argued that the Con- 
stitution was mandatory, making it the duty of the legislature 
to maintain an efficient system of public schools, and that the 
pressing necessities of the people in regard to the education of 
their children, the swelling tide of immigration of mixed races, 
the dangers of barbarism, and the immense, undeveloped nat- 
ural resources of the State, rendered it doubly unwise and un- 
justifiable to evade the plain meaning of the Constitution. 

The present school law is indeed defective, and most of the 
public schools, except those of a few cities, are of an inferior 
character. Of those who claim to be friendly to free schools, 
one party, admitting the imperfection of the law, desired, never- 
theless, to work under it as best they might till they could im- 
prove it ; the opposite party objected to this course as a waste of 



<16 University of Texas Bulletin 

the public money, and insisted on waiting till a better system 
could be devised and put in operation. 

After a severe and protracted struggle, the party led by the 
Governor prevailed, and only one-sixth of the general revenue, 
instead of one-fourth, was appropriated to schools. 

The most hopeful step that was taken by the legislature at its 
regular session, was that of establishing two Normal Schools, one 
for each race. I visited the State last winter, and, after many 
interviews with leading men, proposed to the legislature, through 
the Governor, to make a donation of $6,000, to be continued 
during the pleasure of this Board, if the State would establish 
and maintain a first-class Normal School. The Governor advo- 
cated the measure in a special message, and a law to that effect 
was accordingly passed, making the annual appropriation of 
$14,000. The location of the school was fixed at Huntsville. 
There have been some objections made to the location, yet as 
an offer of its college building was made, free of charge, it was 
accepted. But for this offer, the bill might not have passed. 
Provision is made for paying all the expenses of the seventy- 
four State pupils. The colored Normal School, established at 
the same time, is to be at Prairie View, with an annual appro- 
priation of $6,000 and a given number of scholarships. 1 

GOVERNOR'S MESSAGE 

Executive Office, State of Texas, 

Austin, January 14, 1879. 

To the Honorable Senate and House of Representatives of 
Texas, in Legislature Assembled: 



Public Free Schools 

For a full understanding of the operations of this system as 
adopted by the State under existing laws, you are most respect- 
fully referred to the accompanying able report of the secretary 
of the board of education. 

The actual practical results of this system can be more fully 
appreciated by a careful consideration of the subjoined : 

'Ibid., 228-230. 



Education in Texas 



717 



Summary of Statistics 



For the years ending- August 31, 



1877 



1878 



Number of counties reported 

Scholastic population (estimated) 

Scholastic popu'n enrolled in school 
communities 

Scholastic popu'n that did not at- 
tend school 

Number of schools organized 

Number of months schools were main- 
tained 

Number of teachers employed 

Average salaries paid teachers 

Average cost of tuition as per actual at- 
tendance 

Av. cost of tuition as per commu- 
nity registration 

Number of school houses built 

Value of school houses built 

Expenditures for payment of teachers ! 

Expenditures for building school houses 

Expenditures for rent of school houses 

Total expenditures I 

Received from State appropriations...' 

Received from deficiency taxes under 
former laws 

Received from rent of county school 
lands 

Received from sale of county school 
lands 

Received from local option fines 

Received from dog tax 

Received from sources not enumerated. 

Total received 

Total expenditures 



135 

133,568 

20,962 
3,901 

3 

3,580 

$35.00 

$1.66 

$1.26 
159 

$34,913.00 
$382,729.86 

$12,332.58 

$3,598.31 

$403,975.18 

$427,554.58 

,113.84 

500.00 

$8,066.08 

$7,446.68 



$631,830.49 
$501,691.64 



Balance on hand. 



$130,599.78 



137 
164,294 

146,946 

23,963 
4,633 

4 
4,330 

$38.00 

$1.76 

$1.13 
243 

$54,219.00 
$656,972.90 

$29,648.01 

$5,735.98 

$702,288.16 

$654,762.42 

$20,117.33 
$653.95 

$43,558.53 

$659.00 

$10,628.54 

$14,439.89 

$859,484.49 
$747,534.16 

$113,008.07 



718 University of Texas Bulletin 

The report shows, also, that the average number of months 
taught throughout the State in 1877 was three, and 1878 four 
months. 

The estimates made by the board of education of the amount 
of funds which will be appropriated to common schools 
for the present fiscal year was nine hundred thousand dollars, 
including, of course, all the sources of revenue for common 
schools. Under the head of suggestions in the interest of 
economy I have heretofore respectfully recommended that the 
scholastic ages be reduced to ten and fourteen years. 

Upon the whole, the operation of the common school system 
has been successful for the past fiscal year. 

The removal of the present restrictions on the sale of school 
lands is again recommended, for the considerations already sub- 
mitted. For such amendments to the present school laws as, in 
the judgment of the board of education, are needed, you are re- 
spectfully referredi to the accompanying report of the secretary 
of the board of education. 

The following exhibit presents the rich resources of our com- 
mon schools: 

STATE SCHOOL LANDS 

Patented sections 15,838 

Unpatented sections (estimated) 18,364 

Total patented, acres 10,136,320 

Total unpatented, acres 11,752,960 

Grand total, patented and unpatented acres 21,889,280 

Number of acres sold, to Sept. 1, 1878 240,000 

Principal received on sales $112,815 

Interest received on sales $28,618 



Education in Texas 719 

A part of the same great fund is 

COUNTY SCHOOL LANDS 

Each county is entitled to, leagues 4 

Number of counties that have located four leagues each 149 

" " " " " obtained patents on four 

leagues • • 74 

on only a 

part 51 

" " " not obtained patents 29 

" " " " " ' not received certificates 4 

" " " " " not returned field notes 11 

" " whose field notes need to be corrected . . 14 

" " " that have sold their four leagues 4 

" " sold only a part of their land 30 

Your honorable bodies are familiar with the early and later 
policies of the Legislature of the State upon the subject of free 
public schools. It was incorporated into the Constitution and 
laws of the Republic, and has remained a part of our organic 
and statutory laws to this day. The design of the fathers, who, 
early in our history, dedicated such a magnificent portion of our 
public lands to common schools and universities, as well as of 
those who came after them in the halls of legislation, was evi- 
dently thereby to create an endowment, which in the future, when 
realized in money, would yield a principal, the interest on which 
would inaugurate and maintain a permanent system of public 
education. The time-honored policy, so far as its support from 
the general revenue derived from direct tax is concerned, may 
be modified- but the system itself can and should never be for- 
saken. The silent but expressive figures of the census takers in- 
dicate that a large portion of the children of Texas today stand 
woefully in need of this civilizing influence. Of the white popu- 
lation of Texas, from eight to fourteen years of age, there is 
twenty per cent who cannot read. Of the colored population, 
between the ages of eight and fourteen, there is sixty-eight per 
cent who cannot read. 

In other words, out of the one hundred and ninety-four thou- 
sand three hundred and fifty white and colored children within 



720 University of Texas Bulletin 

the scholastic ages of eight and fourteen, there are sixty-one 
thousand, one hundred and twenty-three who cannot read. 

These official statistics require no comment, but for a remedy 
solemnly appeal to the liberality, patriotism and wisdom of the 
Legislature to see to it that the blessings of elementary educa- 
tion at least be offered freely to the thousands of the children of 
this State who are now growing up in ignorance in our midst. 

The charity is bestowed as much on the State as on the child. 
Ignorance, when wide spread, is a viper which strikes the poison 
of its fangs into the vitals of free government, giving food to the 
mob, destroying, under the leadership of ambitious charlatans, 
the purity of the ballot, and, at last, the life of the State. 1 

Municipal Control of Public Schools 

An Act to further regulate and render more efficient the main- 
tenance and management of the public free schools and insti- 
tutions of learning in cities or towns in this state. 
Section 1. Be it enacted by the Legislature of the State of 
Texas, That any city or town in this state may acquire the ex- 
clusive control of the public free schools within its limits. 

Sec. 2. The mayor of said city or town shall, upon the writ- 
ten application of not less than fifty of the qualified electors of 
such city or town, order, within twenty days of such application, 
an election by the qualified electors of such city or town, to be 
conducted as other municipal elections, to decide by a majority 
of the votes cast by the qualified electors of such city or town 
at such election, whether such city or town shall acquire the 
exclusive control of any or all of the public free schools and 
institutions of learning within its limits, and whether the same 
shall be under the control of a board of trustees as hereinafter 
mentioned, or of the council or board of aldermen of such city 
or town. 

Sec. 3. If, at such election, it shall be decided that such city 
or town has acquired the exclusive control of said public free 
schools and institutions of learning, and that the same shall 



^Message of Richard B. Hubbard, Governor of Texas, to the Sixteenth 
Legislature, First Session, January 14, 1879, 39-41; Moreland, Sinclair, 
Governors' Messages, Coke to Ross, 750-754. 



Education in Texas 721 

be under the management of a board of trustees, then the mayor 
of such city or town shall, within ten days from the ascertain- 
ment of such result, order an election, to be conducted as other 
municipial elections, by the qualified electors of such city or 
town, of six trustees, to take charge of and manage said public 
free schools and institutions of learning. The six persons re- 
ceiving the largest number of votes cast at such election shall, 
thereupon, become such trustees, and shall hold their offices for 
four years; provided, that at the first election, held under the 
provisions of this act, the trustees receiving the smallest majori- 
ties shall only hold their offices for two years, and at the end of 
every two years thereafter there shall be elected, in like manner, 
three trustees. Any vacancy, from any cause whatever among said 
trustees, to be filled by an election as herein provided for, for 
the unexpired term of such trustees ; and, provided further, that 
said trustees may continue to act until their successors may 
have qualified. 

Sec. 4. The county judge of the county in which said city or 
town is situated, and the mayor of such city or town shall be 
ex officio members of said board of trustees- 

Sec. 5. Said board of trustees may adopt such rules, regula- 
tions and by-laws for their own government as they may deem 
proper, and select their chairman, secretary, treasurer and other 
necessary officers. 

Sec. 6. Said board of trustees shall have and exercise exclu- 
sively the same powers, control, management and government of 
and over such public free schools and institutions of learning in 
such cities or towns as are now or hereafter may be by law con- 
ferred upon the council or board of aldermen of such cities or 
towns where such council or board of aldermen are invested with 
the control of such public free schools. 

Sec. 7. Should the election provided for in section 2 of this 
act result adversely to the acquisition of such control of the 
public free schools and election of a board of trustees, then no 
like application shall be entertained within two years. 

Sec. 8. The board of trustees herein provided for to act 
in the place of the council or board of aldermen in such cities 
or towns as may acquire the exclusive control of the public free 



722 University of Texas Bulletin 

schools and institutions of learning within their limits, shall 
receive no compensation for their services. 

Approved April 3, A. D. 1879. 

Takes effect ninety days after adjournment. 1 

The Available School Fund 

Chapter VI. — An act defining and describing what funds 
shall constitute the available school fund 1 , and repealing all laws 
in conflict therewith. 

Section 1. Be it enacted by the Legislature of the State of 
Texas, That the one dollar poll tax levied and collected for the use 
of public free schools, exclusive of the costs of collection, the in- 
terest arising from any bonds or funds belonging to the perma- 
nent school fund, and all the interest derivable from the pro- 
ceeds of sales of land heretofore set apart for the permanent 
school fund which have hitherto or may hereafter come into the 
state treasury, and such amount of the general revenue levied 
and collected after the thirty-first day of December, A. D. 1878, 
as the Legislature shall, from time to time, appropriate, shall 
constitute the available school fund, and shall be appropriated 
to the support and maintenance of the public free schools of this 
State. 

Sec. 2. That section twelve (12) of "An act to establish and 
provide for the -support and maintenance of an efficient system 
of public free schools, ' ' approved August 19, 1876, and so much 
of "An act amending and supplementing articles 4662, 4663, 
4664, 4665, 4666, 4667 and 4668- inclusive of chapter one, title 
95 of the Revised Civil Statutes," adopted February 21, 1879, 
approved April 22, 1879, as amends article 4663 of Revised Civil 
Statutes, and article 3704, chapter three, title seventy-eight, and 
article 4663, chapter one, title ninety-five of "An act to adopt and 
establish the Revised Civil Statutes of the State of Texas," 
passed February 21, 1879, and all laws or parts of laws levying 
or collecting, segregating or setting apart any part of the revenue 
for the support of public free schools, except as stated and pro- 



r General Laws of the State of Texas, Passed at the Regular Session 
of the Sixteenth Legislature, 76-77; Gammel's Laws of Texas, 8 (1376- 
77). 



Education in Texas 723 

vided for in the first section of this act, and all laws or parts 
of laws in conflict with this act be and the same are hereby re- 
pealed. 

Sec. 3. That the limited period permitted for the session cre- 
ates an emergency and imperative public necessity that requires 
the suspension of the rule requiring* this bill to be read on three 
several days, and it is so enacted, and that this act take effect and 
be in force from and after its passage. 

Approved July 2, A. D. 1879. 

Takes effect ninety days after adjournment. 1 

LAW GOVERNING VOTING TAXES IN CITIES AND TOWNS 

Chapter LIII. — An act to amend article 3785, chapter three, 
title seventy-eight of the Revised Civil Statutes, passed at the 
regular session of the Sixteenth Legislature. 

Section 1. Be it enacted by the Legislature of the State of 
Texas, That article 3785 of the Revised Civil Statutes of the 
State of Texas, as mentioned in the caption of this act, be so 
amended as to hereafter read as follows: 

"Article 3785. If at an election held for that purpose, at which 
none but property taxpayers, as shown by the last assessment 
rolls, who are qualified voters of such city or town, shall vote, 
two-thirds of those voting shall vote in favor thereof, such an 
amount shall be raised by ' taxation not to exceed one-half of 
one per cent, in addition to the pro rata of the available school 
fund received from the state, as may be neeessiary to conduct the 
schools for ten months in the year." 

Sec. 2. "Whereas, the present, session of the Legislature is near 
its close, and as some cities desire to immediately hold an elec- 
tion as contemplated in this act, an emergency and imperative 
public necessity exists that the constitutional rule requiring bills 
to be read on three several days be suspended, and that this act 
take effect and be in force from and after its passage, and it is 
so enacted. 

Note. — The foregoing act was presented to the governor of 



^General Laws of the State of Texas, Passed at the Special Session 
of the Sixteenth Legislature, Convened at the City of Austin, June 10, 
1879, 4-5; Gammel's Laws of Texas, Vol. 9, (36-37). 



724 University of Texas Bulletin 

Texas for his approval on the ninth day of July, 1879, and was 
neither approved by him nor returned to the House in which it 
originated with his objections thereto, within the time prescribed 
by the constitution, and thereupon became a law without his 
signature, July 17, 1879. 

(Signed) John D. Templeton, Secretary of State. 
Takes effect ninety days after adjournment. 1 

MESSAGES OF GOVERNOR ROBERTS 
ORAN M. ROBERTS 

It fell to the lot of Gov. O. M. Roberts to play the most conspicuous 
part in finally 'establishing the educational system of Texas. A 
graduate of the University of Alabama, throughout life he was inti- 
mately connected with institutions of learning, as trustee, patron, 
member of two constitutional conventions, and teacher. He re-organ- 
ized the Agricultural and Mechanical College, founded the Sam Hous- 
ton Normal, established the University of Texas, and began Summer 
Normal Institutes. At first he was somewhat lukewarm toward free 
common schools, and on one occasion he even vetoed a bill in their 
favor, he finally became their champion, and his influence was helpful 
in bringing sentiment to favor the free State System. 

MESSAGE ON FREE COMMON SCHOOLS 

Executive Office, State of Texas 

Austin, February 10, 1879. 

To the honorable the Senate and House of Representatives in 
Legislature assembled: 

The free common schools have their foundation in the consti- 
tution of the State. The mode and means of creating a perma- 
nent fund therefor, and of an available fund, with the manner of 
its distribution annually, are prescribed in the same instrument.. 
It results in fixing it as a duty upon the government of the State, 
and not as a charity, to educate the rising generation. 

Its permanent fund consists of surveyed lands about 21,000,000 
acres, and half of all the vacant domain, making 15,000,000 of 
acres more, set apart by the constitution. There are now over 



^General Laws of the State of Texas, passed at the Special Session. 
of the Sixteenth Legislature, June 10, 1879, 49-50. 



Education in Texas 725 

$3,000,000 of state and railroad bonds. Notes for the sale of 
lands unpaid $269,000. Cash on hand from sales of land $6,940. 
As the lands are sold, and amounts collected, the comptroller is 
required to invest the money in state or United States bonds. 
These lands are sold on a credit to settlers, payable with interest 
in ten annual instalments and at considerable expense, at the 
minimum price of $1.50 per acre, and are consequently thereby 
increasing the permanent fund very slowly. The probable fact 
is easily demonstrated that when three millions more of bonds are 
thus purchased by their sale, settlers upon those lands and upon 
the railroad lands surveyed in connection with them, will have 
introduced into the State children of the scholastic age enough to 
require the interest on this increase of the fund on their educa- 
tion. And by the increase in the scholastic population in other 
parts of the State, the proportion of the fund, already accumu- 
lated to the scholastic population, except those thus introduced, 
will continually diminish from year to year and therefore an in- 
crease of taxation would be required, if the constitution per- 
mitted it, to keep up the schools to an average of four months in 
the year. But by a more rapid sale of the lands, as has been 
recommended, the fund may be increased before the increased 
scholastic population is introduced into the State by immigration. 
The lands sold being taxed before they are settled, the general 
revenue will be increased. By this means the schools may be sup- 
ported by the interest of the fund, with a much less appropriation 
of the revenue than at the present time, which is one-fourth of 
the state taxes and one dollar poll tax. For the present year the 
board of education set apart $900,000 to the free common schools. 
This included an amount over $300,000 that had accumulated in 
the treasury from the collection of previous years' taxes. It is, 
therefore, estimated by the comptroller that the amount to be set 
apart for the next year will be about $200,000 less. 

In the effort to perfect the free common school system certain 
fixed guides, as prescribed in the constitution, must be acted 
on, as follows : 

The permanent fund cannot be used otherwise than by the 



726 University of Texas Bulletin 

annual appropriation of the interest accruing from it. To 
which may be added not more than one-fourth of the annual 
state taxes and one dollar poll tax. Whatever amount is set 
apart must be distributed by the board of education to each 
county, according to its scholastic population, irrespective of 
whether or not the children are taught by the county. The 
counties receiving it must apply it in such manner as may be 
provided by law. The discretion then left to the Legislature 
is to determine what amount of the state tax, so it does not 
exceed one-fourth of it, shall be appropriated for this object, 
and to regulate by law the manner in which the counties shall 
apply it in carrying on free common schools. The present 
school law, it is believed, is a foundation upon which may be 
built a system as far as practicable adapted to the wants of the 
country. It is to be remarked, however, that it proceeds upon 
the idea of providing for the compensation of the teachers more 
effectually than for the teaching of the scholars, for whom the 
money has been distributed to the counties. A teacher employed 
by the trustees of a school community to teach a certain number 
of scholars gets his pay whether all the scholars come to school 
or not, and indeed it is for his convenience that half of them 
should not come. The punctual attendance of the scholars de- 
pends upon the efforts of the teacher to secure it, and if practica- 
ble he should be made pecuniarily interested in making the ef- 
forts. This is shown by the reports of the last scholastic year, in 
which it appears that the scholastic population was $164,294, for 
whom, as they resided in each county, the whole of the money al- 
lowed for that year was distributed. Out of that number there 
were 23,963 who did not attend any school in the State, and 17,- 
348 of them were not enrolled in any school community. Still the 
counties got the money according to the terms of the constitu- 
tion; and, as we may suppose, it was given to the teachers who 
taught the balance of them. Thus nearly one-seventh of the 
children for whom the money was appropriated received no 
benefit from it, and over one-ninth of them were not enrolled 
in any school community. Since the meeting of the Legisla- 
ture there has assembled at Austin a convention of teachers, 
from different parts of the State, composed of gentlemen of 



Education in Texas 727 

experience and distinguished ability in their profession, who 

have presented a memorial, to be presented through, me to the 

Legislature, containing their views upon the manner in which 

our free common schools may be improved. Their memorial, 

attached to this message, is respectfully submitted for your 

favorable consideration. 

In attendance upon said convention was also Dr. B. Sears, 

general agent of the Peabody education fund, who addressed 

the following letter to me : 

"Austin, February 1, 1879. 

"His Excellency, 0. M. Roberts, Governor of Texas: 

Sir — I beg leave to address, through you, to the General Assembly of the 
State the following proposition, to-wit : If the Legislature shall see fit to 
establish a first-class normal school, and to appropriate for its current expen- 
sesses $6000 per annum, the trustees of the Peabody educational fund will 
duplicate that sum for the same purpose for a period of two years, with the 
expectation of renewing the arrangement from year to year after that 
period during the pleasure of both parties. 

"Your obedient servant, 

"B. Sears, General Agent" 

The first question is, can the Legislature constitutionally 
accede to and comply with this liberal offer, if it be so inclined ? 

The constitution provides that "taxes shall be levied and col- 
lected by general laws, and for public purposes only." In the 
enumeration of the objects alone for which the Legislature shall 
have the right to levy taxes is included, "the support of public 
schools in which shall be included colleges and universities estab- 
lished by the State." A normal school might most properly be 
regarded as a public school in connection with and auxiliary to 
free common schools. The greatest want in our common schools 
is a supply of competent teachers, who would teach upon the 
most improved modern plan of teaching. 

The second question is, how shall the pupils be procured at 
such a school ? Few persons, in different parts of the State, who 
might desire to be teachers of common schools, would have the 
means to spend two or three hundred dollars in going to such a 
school. Persons who had education enough to enter such a school 
to learn the science and practice of teaching school, would most 
likely go to some higher school to learn those things which would 
fit them for some of the learned professions. A normal school 



728 University of Texas Bulletin 

for the education of teachers must, therefore, be a very cheap 
school in order to attract pupils. 

I would respectfully suggest that should such a school be estab- 
lished, the building for which might be easily obtained by gift 
or rent, the Legislature might direct the counties to reserve that 
portion of the money appropriated to them each year, for which 
no scholars are taught, or even that for which no scholars are 
enrolled in school communities, and set it apart annually as a 
fund for the support of scholars at the normal school to the 
extent of paying their board and tuition. 

These scholars, selected by the county court of each county 
having such a fund reserve, might be pledged to return to the 
county from which they were sent and teach so many years in 
its free common schools. Such moneys would be well spent in 
the promotion of the purposes of free common schools by spread- 
ing educated teachers all over the State, without which our sys- 
tem never can, and never will, be perfected, however lavishly the 
money of the people may be devoted to it. I respectfully sub- 
mit, also, in this connection, a condensed summary of the views 
of the secretary of the board of education of the State as to the 
laws ne essary to the improvement of our school system. He 
has been connected with this business as superintendent and 
secretary for five years, and his views deserve consideration. 

O. M. Roberts. 

To His Excellency, 0. M. Roberts, Governor of Texas: 

In pursuance of the invitation made by your excellency to the teachers of 
Texas, "to meet in convention and investigate the present school law, and 
suggest such practicable improvements as can and should be made in our 
system of education," a meeting was held in the city of Austin, commencing 
on the 28th of January, 1879, and continued in session for three days. Many 
important matters were considered and discussed, and the undersigned, a 
committee appointed by said convention, have the honor to submit as the 
result of their deliberations the following suggestions, and respectfully ask 
your excellency to transmit the same, with such recommendations as you 
may deem proper, to the honorable Legislature now in session : 

1. We recommend that the generous offer made by the trustees of the 
Peabody education fund, through the Rev. Dr. Barnes 1 Sears, the general 
agent, to duplicate an appropriation of six thousand dollars per annum for 
the support of a normal school by the State be accepted, and that the State 
establish, a first-class normal school, which shall be exclusively devoted to 
the education of teachers, as early as practicable. It affords the committee 
great pleasure to state that Dr. Sears, in consultation with us, has given 



Should be "Barnas." 



Education in Texas 729 



unqualified assurance that the appropriation from the Peabody fund will be 
increased and continued as may be required by this important department 
of education. 

2. We recommend that an appropriation of twenty thousand dollars be 
made to the State Agricultural and Mechanical College of Texas, to establish 
a course of practical instruction in agriculture. 

3. We recommend that not more than two school communities be allowed 
to be formed in any village, town or city not taking control of its own 
schools, and that one community shall include all the white and the other 
all the colored children in said village, town or city. 

4. We recommend that there be three grades of certificates : Applicants 
who shall pass an examination in orthography, reading, writing, geography 
and arithmetic, as far as simple proportion, getting general average of 
seventy, and not lower than fifty in any branch, shall be entitled to a third 
grade certificate, valid for one year. Applicants who, in addition to the 
studies of the third grade, shall pass an examination in grammar, composi- 
tion and history of the United States, getting a general average of eighty, 
and not less than sixty in any branch, shall be entitled to a second grade 
certificate, valid for two years. Applicants who, in addition to the studies 
of the first and second grades, shall pass an examination in the elements of 
algebra, geometry, physics, and the theory and practice of teaching, attain- 
ing a general average of ninety, and not less than seventy in any branch, 
shall be entitled to a first grade certificate, valid for three years. 

5. We recommend that pupils under the instructions of a teacher holding 
a third grade certificate, receive one dollar per month ; those under a teacher 
holding a second grade certificate, receive one dollar and a half per month ; 
those under a teacher holding a first grade certificate receive two dollars per 
month. 

6. We recommend that the state board of education divide the State, by 
counties, into six districts having reference to scholastic population and 
contiguous territory, and that said board of education appoint in each dis- 
trict, as superintendent of schools in the same, a man, who, in addition to 
the other necessary qualifications, shall be a practical teacher ; who shall 
devote his entire time to the work of supervision, and shall hold his office for 
three years, and shall receive an annual salary of $2300, payable quarterly, 
from which he shall defray all traveling and incidental expenses. 

7. We recommend that the six district superintendents, with the secretary 
of the state board of education, be constituted the board of supervision for 
the State, with power to prescribe regulations relating to the examination of 
teachers, the organization, gradation and general management of schools, not 
inconsistent with the law or the regulations of the state board of education. 
Said board of supervision shall hold their meetings at the capital, and a 
majority shall constitute a quorum, but a two-thirds vote of the members 
present shall be necessary to make or alter any regulation. 

8. The several district superintendents shall appoint in each of the coun- 
ties under their jurisdiction a school examiner, who shall be a practical 
teacher in good repute, whose duty it shall be to examine all persons desir- 
ing a certificate of competency to teach, hold county institutes, perform all 

, the duties relating to the public schools which have heretofore devolved upon 
the county judge, and such other duties as may be prescribed by the district 
superintendent. 

9. We recommend that the county treasurer be allowed one-half of one 
per cent, for receiving and disbursing the public school funds. We recom- 
mend this plan of supervision for two reasons. First, because some form of 
supervision is essential to an efficient system of public schools. In proof of 
•this truth we beg leave to refer you to the remarks made on this subject in 
the excellent report of Hon. O. N. Hollingsworth, secretary of the board of 
education, page — . Second', because this form of supervision through dis- 
trict superintendents, whose duties nearly correspond with those of state 



730 University of Texas Bulletin 

superintendents in small states, and county examiners in each county, whose 
duties nearly coincide with those of a county superintendent, combines econ- 
omy with the highest degree of efficiency which we believe attainable at 
present. 

We invite your consideration of the following comparison of the expense of 
the present plan and of the proposed system of supervision. 

Under the present plan : 

156 county judges receive an average of $110 each, not less than. . $17,160.00 
County treasures receive 9,000.00 

Making a total of $26,160.00 

Under the proposed system : 

156 county examiners will receive for postage, stationery and print- 
ing $ 3,900.00 

6 district superintendents 13,800.00 

County treasurers, for receiving and disbursing 4,500.00 

Making a total of $22,200.00 

Total without supervisors $26,160.00 

Total with supervisors 22,200.00 

Difference $ 3,960.00 

This estimate shows a clear saving to the public school fund, by the plan 
of supervision, of three thousand nine hundred and sixty dollars. 

Respectfully submitted, 

W. C. Cbane, 
W. C. Rote, 
Milton Cooper, 
R. C. Burleson, 
T. L. Norwood, 
Oscar H. Cooper. 
Committee State Teachers' Convention. 1 



Department of Education, State of Texas 

Austin, February 7, 1879. 

To His Excellency, 0. M. Booerts, Governor of the State of 

Texas : 

I have the honor to acknowledge receipt of your favor of the 
third instant, asking for information with reference to expendi- 



'Roberts, O. M. Public Schools, in Messages of Governor O. M. Roberts 
to the Sixteenth Legislature of the State of Texas, 34-38; Report of the 
Secretary of State of Texas from January 23, 1879, to January 1, 1881. 
Appendix, 97-101; Messages of Gov. O. M. Roberts to the Sixteenth 
Legislature of the State of Texas, 21-40. 



Education in Texas 731 

tures in the support of our public free school establishment, and 
in reply respectfully state as follows: 

1. Excepting the board of education and the secretary there- 
of we have under the present school law four classes of officers 
charged with duties in connection with its administration, viz : 
Judges, county treasurers, assessors and clerks of the respective 
counties of the State. Of these officers there is only one whose 
services can be entirely dispensed with without detriment to the 
public school interest, to wit, the county clerk. The duties re- 
quired of this officer under the school law, which are simply the 
filing and recording of certain papers, can be imposed on the 
county judge without increasing the official labors of said officer, 
for there need be no further record of the papers referred to 
than is now required of the county judge. 

2. The result sought to be accomplished by means of our pub- 
lic school system can be more effectually attained by the fol- 
lowing amendments to the school law: 

First amendment: 

Require assessors to make return of the scholastic population 
of their respective counties on or before the first day of June of 
each year. 

Second amendment: 

Require county judges to forward abstract of scholastic pop- 
ulation of their respective counties to the department of edu- 
cation on or before the fifteenth day of June of each year. 

Third amendment : 

Require the board of education to declare the apportionment 
of the available school fund to the several counties of the State 
on the first day of July of each year. 

These amendments would enable county judges to make their 
apportionments, and to notify trustees of the sums credited to 
their respective committees in time for trustees to employ teach- 
ers before the beginning of the scholastic year. As the law is now 
the board of education cannot make an apportionment of the 
school fund until the first day of September ; and hence in many 
instances a month or even more of the school year has passed be- 
fore trustees are apprised as to what amount of fund they will 



732 University of Texas Bulletin 

receive, and are consequently delayed in making contracts for 
opening their schools. 

Fourth amendment : 

Charge the county judges with the duties imposed by the pres- 
ent school law upon county clerks. 

Fifth amendment : 

Regulate the compensation allowed county judges for services 
in the administration of the school law according to the amount 
of funds disbursed in support of public schools. 

Sixth amendment : 

Establish a minimum average daily attendance, which must be 
maintained in order to guarantee a continuation of the school. 

Seventh amendment : 

Authorize county judges to apportion the school fund of their 
respective counties to the organized school communities to the 
exclusion of the unorganized population. 

This amendment would utilize the entire fund, and would se- 
cure to such as desire to avail themselves of the benefits of the 
law a longer school term. 

Eighth amendment: 

Classify certificates granted to teachers into three grades, and 
establish compensation accordingly; allowing teachers holding a 
'first-class certificate not more than $2 per pupil ; teachers hold- 
ing a second-class certificate not more than $1.50, and teachers 
holding a third-class certificate not more than $1 per month. 

Ninth amendment: 

Authorize the board of education to appoint a county superin- 
tendent of public schools, for such counties as receive $8,000 or 
over, for support of public schools. Let said superintendents re- 
ceive as a salary 10 per cent upon the sum disbursed for public 
school purposes ; provided, in no event should the salary allowed 
exceed $1,500 per annum; the said superintendent should be a 
bonded officer. 

No department of government is as dependent upon constant 
and intelligent supervision for success as the school department, 
both in county and in state. 

It matters not how excellent may be our school statutes, if we 
have not efficient and zealous supervision the results will never be 



Education in Texas 733 

responsive to the means expended. Faithful supervision is 
economy, while, on the ether hand, partial supervision is extrava- 
gance. 

A careful observation of the workings of the law for the past 
two years, as made through extensive official correspondence with 
officers who have tested its efficiency by the keen edge of expe- 
rience, leads me to propose for your respectful consideration 
these suggestions. 

Respectfully your obedient servant, 

O. N. HOLLINGSWORTH, 

Secretary Board of Education. 1 

APPROPRIATIONS FOR SUPPORT OF FREE SCHOOLS AND 
PAYMENT OF PUBLIC DEBT 

Executive Office, State of Texas 

Austin, April 22, 1ST9. 

To tlic 'honorable Senate of the State of Texas in Session As- 
sembled: 

Gentlemen — I have approved the bill entitled "An act to 
make appropriations for the support of the State government for 
the years beginning March 1, 1879, and ending February 28, 
1881," which originated in the Senate and passed both houses of 
the Legislature at the present session, with the exception of the 
following items of appropriation, which I do not and have not 
approved, and which are respectfully returned to your honorable 
body with my objections to such items becoming a law as part 
of said bill, the said items not approved being as follows, to wit: — 
1. Under the head "educational department" the following 
item of appropriation, to wit : 

"The entire available school fund annually derived from all resources 
including the poll tax and one-fourth of the general revenue, is hereby 
set aside annually for the support of the public free schools." 



I do most sincerely regret that a sense of duty requires, me to 
withhold my approval of the said items of said bill. The first 

HUd., 39-40. 



73-1 University of Texas Bulletin 

named item, upon which it is publicly known that both houses 
were equally divided, except one vote in each house, I disapprove, 
because it imposes a tax on the people greater than they can now 
bear, and at the same time furnish the means to support an effi- 
cient and economical government. The other two items I am con- 
strained to not approve, because if the laws relating to the col- 
lection of taxes and to common schools shall remain as they are 
now, devoting the first item, as it is collected, to a special fund, 
the last two items, being collected as general revenue, can be and 
will be absolutely needed to be used in defraying the necessary 
expenses of the State government. The reasons inducing my 
action in this matter cannot be fully appreciated without a re- 
currence to the history of the State government since the recon- 
struction in 1870. Upon the occurrence of that event in Texas, 
it should be recollected that a magnificent government was set 
up in this State, with high salaries, large expenditures in fees of 
offices, and in every department of the government, including 
public schools and frontier protection. At that time there was 
plenty of money in the country ; labor was remunerated with high 
wages; production was paid high prices. It was not singular 
that miscalculations should then have been made as to the ability 
of the people to sustain such a government by those then admin- 
istering public affairs in this State. At the end of four years, 
upon a change of administration, it was found that (as since 
ascertained and reported by the comptroller) the State had in- 
curred a debt of over four millions of dollars, much of which was 
a floating debt, not reduced to interest-bearing bonds. The credit 
of the State was low, and warrants were low. At once an effort 
was made to meet these debts, and to restore the credit of the 
State. It was necessarily dene at a sacrifice of means. An effort 
was made to push back a receding frontier, which required heavy 
outlays of money that have resulted in extending it one hun- 
dred miles or more. An effort was made to curtail superfluous 
expenses generally, which, when once established, is always diffi- 
cult of accomplishment, as those receiving the benefit of it are 
slow to give it up for the public good. Much, however, was done 
in that regard. In 1875 the convention to frame a new constitu- 



Education in Texas 735 

tion adopted measures of retrenchment, limitations and reforms, 
whose full scope has never yet been fully appreciated and acted 
on, in reference to the finance of the State, as I will presently 
bring more obviously to view. Efforts were made under this con- 
stitution to retrench the expenses of the government, and to in- 
crease the efficiency of the actual government of the country. 

The necessary means to attain these objects have themselves 
entailed additional expenses over and above the ordinary ex- 
penses of carrying on an economical government. It should be 
borne in mind, as a most important fact, that during all this time, 
for the last five years, the circulating medium of the country has 
been constantly and gradually diminished, so that labor and pro- 
duction have received less and less remuneration, and the burdens 
of the expenses of the government have been proportionally in- 
creased, and thereby the measures of retrenchment and reform 
have not been felt as they otherwise would have been ; and hence, 
also, miscalculations in regard to the effect of measures have been 
made by previous Legislatures, who have doubtless acted in good 
faith in promoting the best interest of the country by their action. 
Entertaining this view of the subject, I have in my inaugural 
and messages to the Legislature at its present session endeavored 
to present to you, and to the people of the State, the true condi- 
tion of the country as it now exists, the difficulties in which we 
are involved, and the way out of those difficulties as best I could, 
without any reflection whatever upon any officer or legislative 
body heretofore engaged in the administration of the State gov- 
ernment, deeming that they have done whatever patriotism and 
public duty required of them for the time, according to their 
best judgment. 

It is hardly necessary to call your attention to the fact that 
finding a large deficiency of public debts, now estimated at over 
one-half a million of dollars, already incurred, and large excess 
of expenses over current annual revenue, I recommend a cutting 
down of the expenses generally in everything, without such a 
diminution as to produce an embarrassing shock in any depart- 
ment of the government, but sufficiently so as that the annual 
revenue should be equal to the current expenses, and also to pro- 



736 University of Texas Bulletin 

vide the means, as far as practicable, for the payment of the out- 
standing debts creating the deficiency. The present Legislature 
have been most industriously and laboriously employed, not only 
in numerous local, sectional and amendatory measures, but also 
in carrying out this policy by reducing salaries and curtailing 
expenditures in different objects — both pensions and frontier and 
police expenses being cut down — not that I recommended it so 
much, perhaps, as from their own convictions of its obvious ne- 
cessity under existing circumstances. Upon two leading subjects 
of expense there has been as yet no change in the course of legis- 
lation, which are in the appropriations of one-fourth of the entire 
State revenue for the support of the common schools (amounting 
as estimated to $400,000) and the appropriation for the payment 
of the interest of the bonded debt of the State and the sinking 
fund annually set apart- to pay the same (amounting to nearly 
$500,000 more), making in the aggregate nearly $900,000 taken 
first out of the $1,600,000 net revenue of the State, as it is esti- 
mated by the comptroller, and which leaves only about $700,000 
with which to defray the current expenses necessarily incurred in 
the administration of the actual government of the State. That 
amount is not only not enough, as is shown by this appropriation 
act, but its deficiency is greatly increased by its postponement to 
the other two leading and principal appropriations, that are 
favored by the preferred payment of them under existing laws. 
This preference given to these large appropriations, though for 
objects constituting the mere incidents of government, and not 
the expenses absolutely necessary to carry on the actual govern- 
ment itself, constitute the continual clog and derangement of our 
whole financial system, and will continue to do so as long as it is 
allowed to continue. 

To illustrate the combined operation of these two clogs, as 
they operate together practically, the assessors of taxes, shortly 
after the first of this year, commenced assessing the taxes on 
property in the hands owning it on the first day of January last, 
including an enumeration of the scholastic population ; on or 
about the first of September the rolls will be returned to the 
comptroller's office, showing the probable amount of revenue to 



Education in Texas 787 

be collected for the year, and the scholastic population ; when the 
board of education will set apart to, and give orders for, each 
county its proportion of the one-fourth of the revenue (which last 
year, in one hundred and thirty-five counties of the State, 
amounted to largely over one-fourth of all the taxes collected in 
those counties). The tax collector will then proceed to collect 
the taxes and pay into the county treasury all the taxes he col- 
lects, until that amount is paid, by which but little, if any, money 
is sent by him to the treasury at Austin until after the first of 
next January. This is not all. From the first of July the treas- 
urer of the State, having just paid one installment of interest of 
nearly $200,000, which he has been saving for that purpose, is 
required by law to hoard up a similar amount for payment on 
the first of January, and if he regularly reserves and sets aside 
or invests the sinking fund semi-annually, that is $100,000 more, 
so that in about one-half of the year about $900,000 will be ap- 
propriated to these two preferred claims, draining the treasury 
of means during that whole time, to pay the current expenses of 
the actual government of the country. The consequence must be 
that the treasury warrants, issued during that time to all the 
officers and employees of the government, and to defray the ex- 
penses of the frontier and police service and of the asylums, must 
be put upon the market and sold at a ruinous discount, or if those 
for expenses of the frontier and of the asylums should not be 
sold, articles and supplies would be purchased by them at a cor- 
responding loss, which amounts to the same thing. It is easy to 
perceive from this statement, which is sufficiently accurate for 
illustration, that if the $700,000 left was sufficient to meet all of 
the expenses at the end of the year, the treasury warrants, during 
a large portion of the year, would be sold at a discount, and if a 
recurring deficiency from year to year is entailed upon us, we 
may reasonably anticipate that treasury warrants will generally 
be the subject of speculation, as they have been heretofore very 
often and unavoidably so, under this system of finance. It does 
no good to complain, that capitalists do and will speculate in 
these warrants, when the opportunity is offered fairly to do it. 
The fault or misfortune is in allowing the opportunity, if it can 



738 University of Texas Bulletin 

be avoided. The constitution of 1876 sets up barriers against the 
powers of the State government on the subject of finance, which 
confine it to certain well defined limits and sphere of action. On 
the one hand, it cannot levy State taxes exceeding fifty cents on 
the one hundred dollars, except to pay the interest on the public 
debt. On the other hand, it cannot create a debt at any one time 
for casual deficiencies over two hundred thousand dollars. Money 
in the treasury or to come into the treasury by the operation of a 
law constituting it a special fund, cannot be used for any other 
object, and is thereby abstracted from the general revenue. By 
these restrictions, the government is required to limit all of its 
expenses, except the interest on the public debt, within the 
amount of revenue raised by taxes, not exceeding fifty cents on 
the one hundred dollars. If the said expenses exceed that 
amount, our bonded debt must be increased from time to time, 
limited to two hundred thousand dollars at any one time ; and if 
the deficiency is greater than that amount, as it is now, some- 
thing else must be resorted to for relief. 

The course of legislation has placed another restriction upon 
the action of the Legislature, by placing in the law regulating 
common schools and in the law for the collection of taxes a pro- 
vision that one-fourth of the revenue and one dollar poll tax shall 
be assessed and collected for the support of common schools, 
thereby making it, when collected, a special fund for that pur- 
pose ; that, as it is believed, is neither required not contemplated 
by the constitution, which says that "there shall be set apart 
annually not more than one-fourth of the general revenue and a 
poll tax of one dollar for the benefit of free common schools." 
To carry out the obvious intention of this provision, whatever 
amount is set apart should be collected as general revenue. And 
then in making annual appropriations so much could be set apart 
within the prescribed limit as could be spared for that purpose at 
the time of making the appropriation. Whereas under the pres- 
ent plan of designating it, as a fund when collected, the Legisla- 
ture at each succeeding session will be restricted to using it as 
such, however ill-able it can be spared in carrying on and defray- 
ing the current expenses of the government, of which we have 



Education in Texas 739 

had a most notable instance in the appropriation of $600,000 for 
common schools, making in all for the scholastic year $900,000. 

In the effort at retrenchment, the salaries and compensation 
of numerous officers and employees of the government have 
been diminished. The school masters of common schools are 
not more deserving than they are, either as individuals or as a 
class. 

The prime object of levying taxes is the necessity of sup- 
porting an efficient government and of paying the officers and 
employees who administer, support and maintain it by their 
labor and means. The public support of free common schools is 
a secondary object compared to the administration of the gov- 
ernment ; so, also, is the payment of interest on the public 
debt, however desirable it may be for both of these things to 
be done. If the condition of the country is such as that taxes 
cannot be collected sufficient for all of these purposes at any 
one time, the actual government should first be maintained 
rigorously and efficiently, and the other objects should have 
devoted to them what could be spared from the revenue after 
defraying the necessary expenses of an economical administra- 
tion. Such is the practice, as it is believed, of all other gov- 
ernments in this whole country except that of Texas, and 
should be so here. 

It is now obviously certain, as I believe, that the expenses 
provided for in the present appropriation act will exceed the 
revenue that will be collected, if one-fourth of it is appropriated 
to common schools, unless there is a special tax levied over and 
above that of fifty cents on the one hundred dollars. And that 
presents the issue squarely of more taxes on the people or less 
pay to common school masters. Should the Legislature see 
proper to repeal the restrictions in the tax law and school law, 
that have been referred to, and appropriate so much of the rev- 
enue as can now reasonably be spared from the current ex- 
penses in administering the government of the State, it, with the 
interest derived from the bonds belonging to the fund, will give 
such aid to the schools as the country is now able, without in- 
creasing taxation, which is not now practicable, and will leave 



740 University of Texas Bulletin 

the succeeding Legislature free to do on this subject whatever 
their duty may then require, under the condition of the finances 
of the State at that time. 

Should the Legislature choose to continue this large appro- 
priation, or to continue in force the laws tying it up as a special 
fund, then the only resource is to use the revenue that would 
pay the interest on the public debt in defraying the necessary 
expenses in carrying on the actual government. And this neces- 
sity presents squarely the issue of repudiation for a time or less 
pay to common school masters. It may be a deplorable alterna- 
tive, involving loss of good credit to ourselves and inconvenience 
to our creditors. They will understand the small size of our 
public debt, compared to our prospective resources and capac- 
ity to pay ultimately ; they may even feel more secure ultimate- 
ly, if, by the use of the interest for a time, these exorbitant ap- 
propriations, beyond the capacity of the country to pay, can 
be stopped. And if the worst must come, it is better that we 
should not have good credit, if it is to be made the reliance for 
increasing the debt, increasing the taxes, and increasing the 
prospect continually of ultimate bankruptcy to the State or 
impoverishment of its people. 

"With no public lands sold to extinguish or diminish the pub- 
lic debt, with the school lands not put upon the market so as to 
increase rapidly the common school fund, and with such enor- 
mous appropriations for the benefit of teachers continued from 
year to year, the prospect before us is to continue to pile up 
deficiency upon deficiency, and thereby increase perpetually 
our public debt until it shall reach an amount that will be re- 
pudiation in fact, or burden the people with onerous taxes, 
leaving Texas all the time with a crippled and inefficient State 
government for the want of adequate means to defray the nec- 
essary expenses of it. Such a destiny should now be averted 
while it can be safely done. 

0. M. Roberts, Governor. 1 

^Report of the Secretary of State of the State of Texas, from January 
23, 1879, to January 1, 1881. Appendix, 120-125. 



Education in Texas 741 

GOVERNOR'S MESSAGE TO EXTRA SESSION OF THE SIXTEENTH 

LEGISLATURE. 

Executive Office, State of Texas, 

Austin, June 10, 1879. 

To the honorable Senate and House of Representatives in Legis- 
lature assembled: 



The matters submitted for your action in the proclamation 
convening the Legislature are as follows : — 



Third — To make an appropriation of a specific amount for 
the annual support of the free common schools, out of the inter- 
est of the State and railroad bonds, now over $3,000,000 in 
amount, and so much more out of the general revenue as can be 
spared therefrom after providing for the prompt payment of the 
necessary expenses of an efficient and economical State govern- 
ment, and to repeal all laws or parts of laws that undertake to 
set apart or designate the amount of said annual appropria- 
tion for said purpose, in advance of or differently from the said 
specific appropriation now to be made, in order that hereafter 
each recurring Legislature may be left entirely free to deter- 
mine the amount that can be safely appropriated specially for 
said purpose under the then existing' financial condition of the 
State. 

Fourth — To provide for the sale more expeditiously of the 
lands belonging to and set apart to the free common school per- 
manent fund, amounting now in surveyed and unsurveyed lands 
to about thirty-five million of acres, and the investment of the 
proceeds thereof in order to raise a large fund in the shape of 
interest -bearing bonds to enable this State, as soon as possible, 
"to establish and make suitable provision for the support and 
maintenance of an efficient system of public free schools," 
which is required by the constitution, which has not yet been 
done or even approximated by the very large appropriation of 



742 University of Texas Bulletin 

one-fourth of the entire revenue raised by taxation annually, 
aided by the interest of $3,000,000 of State and railroad bonds 
belonging to its fund, and never can be by a direct State tax, 
without the aid of a large fund yielding interest, and it may 
be not then without the aid of voluntary local taxation as is done 
in other States. 

Fifth — To provide for the sale of the university lands more 
expeditiously, and the investment of the proceeds thereof, there 
being now, of bonds, money and notes belonging to said fund, 
something less than one-half a million dollars, and of lands, sur- 
veyed and unsurveyed, one million and over two hundred thou- 
sand acres, in order that in some reasonable time in the future 
a State university may be established, which has already been 
deferred forty years since the donation of fifty leagues of land 
to it, and may be deferred forty more under the present mode 
of selling and not* selling its lands. 

Sixth — To provide for the sale and investment of the pro- 
ceeds of the lands belonging to the funds of the lunatic asylum, 
of the blind and the deaf and dumb institutes, and of the 
orphan asylum, now consisting of over four hundred thousand 
acres, to aid in the support of those institutions, which now cost 
over $75,000 annually out of the general revenue derived from 
taxation, and should be enlarged as soon as practicable to re- 
ceive double the number of inmates, if all were received that 
should be. 

Seventh — To provide for appropriation out of the general 
revenue for defraying incidental expenses of the board of edu- 
cation, in the management of the free common schools, and the 
expenses of the normal schools at Huntsville and Prairie View, 
instead of drawing them from the fund set apart for the support 
of the free common schools, which the constitution requires to 
be distributed to the counties according to their scholastic popu- 
lation, and to repeal or amend all laws not conforming to such 
appropriations from the general revenue as here indicated. 

Eighth — To amend the law establishing the agricultural and 
mechanical college at Bryan, so as to allow the board of direc- 
tors to devote and apply the interest of its fund or a part of it 



Education in Texas 743 

to other purposes than to pay "directors, professors and offi- 
cers, ' ' so that it may be made more conformable to the design of 
said institution, for the education of skilled labor in agriculture 
and the mechanic arts. 



Public Free Schools 

Is another subject that mainly entered into the occasion of 
the Legislature being convened in special session, and it is there- 
fore proper that I should give my views thereon, as a predi- 
cate for such recommendations as I may make in relation thereto. 

The best and most satisfactory common schools that we ever 
had were those during a number of years before the late civil 
war. Then the state aided the people's schools with a bounty, 
by paying for indigent scholars that went to school. In other 
States, where good public free schools are maintained, the State 
devotes a sufficient amount from the public treasury or public 
funds to take control and give direction to and supervision of 
the schools; but the great bulk of the means to support and 
maintain them is contributed by the local authorities where the' 
schools are taught, all being regulated by law and working in 
harmony. 

It is hardly necessary now to indulge in any speculations as 
to the best modes and means of promoting common school edu- 
cation in this State. The constitution, which must control legis- 
lation, indicates both the mode and the means by prescribing 
that "it shall be the duty of the Legislature of the Slate to 
establish and make suitable provision for the support and main- 
tenance of an efficient system of public free schools." By this 
the State assumes the whole duty and burden of establishing 
them, that is, of prescribing how they shall be instituted and 
conducted, as well as to provide the means to make them public 
free schools. The manner of providing the means for their sup- 
port and maintenance as free schools so as to render the system, 
established by the Legislature, one efficient system is also pre- 
scribed in the constitution. It is in the power given to sell com- t 



744 University of Texas Bulletin 

moil school lauds (of which there are now about 35,000,000 
acres), aud by iuvestment in bonds to increase its fund, now 
over $3,000,000 in bonds drawing interest for it. It is in the 
power "to set apart annually not more than one-fourth of the 
general revenue of the State, and a poll tax of one dollar. ' ' The 
interest on the bonds and the taxes authorized and levied are 
required to be applied annually to the support of the public 
free schools. What standard of efficiency, when was it to be 
arrived at, what degree of learning does it import, what is to 
be the qualification of its teachers, who shall supervise its opera- 
tions, what shall be the character of school houses, and whether 
rented, built or bought by the State, what shall be the ages of 
the scholars, what amount shall be distributed, and in what 
manner, how shall the schools be organized and conducted, how 
and when shall the lands be sold to increase the fund? These 
and many other questions might be put, when considered in 
connection with the condition of the country. Its scattered 
population and its financial capacity show that a large discretion 
was necessarily left to the Legislature in the accomplishment of 
the object required of them. The convention must be supposed 
to have intended something practical, and not that the Legisla- 
ture should or could at once speak into existence an institution 
in this new country, with complete efficiency, as it exists in 
older States that have been half a century in building up and 
perfecting them. Nor could they have intended that the vain 
effort to do it should be attempted in a way to sacrifice or even 
jeopardize other important objects. But rather it is to be sup- 
posed that they required that the Legislature should at once 
set about it, and continue their efforts from time to time as the 
condition of the country might permit and require and develop 
the means placed at their command, and step by step advance 
in its improvement until it should mature into "an efficient 
system of public free schools." 

The constitution enjoins upon the government numerous other 
important duties. One of them is to make good laws and have 
them well executed for the protection of the life, liberty and 
prosperity of its people. That is not emblazoned in terms upon 



Education in Texas 745 

the pages of the constitution with positive and specific direc- 
tions, like that for the school system. The reason for that is, 
not but that it is more important relatively, but because it is 
nothing new and because it underlies and pervades the whole 
fabric of the constitution. The direction of duty about the 
schools is positive and specific, simply because it was designed to 
map out a new system and to introduce a new feature in our 
governmental policy and give it a shape we had not long been 
familiar with in this State; and, therefore, it follows that the 
mode of expression adopted to impose the duty to establish pub- 
lic free schools is no criterion of its relative importance, com- 
pared to other duties, and no evidence that it is given a special 
precedence over others. While all duties are binding, they are, 
in the very nature of things, not equally imperative in the obli- 
gation of their performance when all cannot be performed to 
the fullest extent. The duty upon a man to feed, clothe, shelter 
and protect his family is more imperative than that to send his 
children to school, though he may be in duty bound to do all 
these things, if he can. 

The highest and most imperative duty resting upon a State 
is to make good laws and have them all well executed, for the 
protection of life, liberty and property, and certainly those who 
perform that duty for the State are entitled to be its preferred 
creditors, who should be paid for their services without delay 
and without suffering discount. 

That being done with certainty, it is our duty to support and 
maintain the public charities, and the public free common 
schools to the extent of our ability, if for no other reason be- 
cause the constitution imposes it upon the Legislature as a duty, 
that is reason enough, and there is no use in arguing the right 
or the wrong of it now. 

It should be done in a manner that would least discommode 
the accomplishment of the more important object. I herewith 
submit a detailed report from the secretary of the board of 
education, containing a statement of the operations of the sys- 
tems of public free schools from 1874 to the present time. From 
an examination of this, it will be seen that the mode of distribut- 



746 University of Texas Bulletin 

ing the funds to the counties involves uncertainty in estimating 
the proper amount, which results in lapping over from year to 
year parts of it in the precaution properly used not to apportion 
too much, by which the. scholars of subsequent years get the 
benefit of part of that which was appropriated to those of former 
years. This, strictly considered, might be found contrary to the 
constitution. 

The board, when the new amendment of the school law goes 
into effect, will apportion on the first of July each year the fund 
to the counties. They will have no tax rolls by which to deter- 
mine the amount of the assessment for the year, and will have 
to guess what it will be by what it was on a former year, and it 
will not be ascertained what amount should have been appor- 
tioned until the close of the accounts of the treasurer on the last 
of August of the next year. This results from an appropriation 
of a fourth or a sixth of the revenue, instead of a specified 
amount in dollars, as it was formerly done. Another objection 
is, that the apportionment is made, and the whole amount in the 
shape of orders on the tax collectors in favor of the county 
treasurers is sent out at one time, which causes the taxes of all 
sorts to be withheld from the State treasury, and, in addition, 
a large amount of school fund in the treasury from being turned 
over to the revenue until those orders are satisfied and returned 
to the comptroller, which causes a scarcity of revenue in the 
treasury for nearly half the year after those orders are sent out, 
and it would have that effect, and consequently greatly embar- 
rass our financial system in making prompt payment of warrants 
when presented during that time, if our revenue was equal to 
expenses. Another objection to the system is that there are pro- 
visions in the tax law and in the school law that specify the pro- 
portion of the taxes to be levied and collected for the schools, 
which is construed to have the effect of making the amount when 
received in the treasury a special fund, and thereby ties up the 
hands of succeeding Legislatures from appropriating it to any 
other purpose, whether the State can afford to devote the amount 
to schools or not. It would be much more in accordance with 
the principles of good government and more in harmony with 



Education in Texas 747 

the provisions of the constitution, that it should be received into 
the treasury as revenue, wholly subject to the disposition of the 
Legislature, and be appropriated as revenue, and not as a special 
fund. I therefore respectfully recommend that those provisions 
be repealed, and that the Legislature appropriate a particular 
amount named in dollars, which will include the one dollar poll 
tax, the interest on the bonds of the school fund, and enough of 
the revenue to fill out the amount appropriated. The only 
limitation in the constitution is that the revenue appropriated 
shall not be more than one-fourth of the revenue, leaving out the 
one dollar poll tax. 

The Legislature will be as well fitted to determine the amount 
to be devoted to schools as the board of education, who have in 
effect been making the appropriations under the present law, by 
a rule laid down by the Legislature ; or, if another mode can be 
found by which the amount can be made certain by the Legisla- 
ture, after they shall have provided for other necessary objects 
of expenditures, that may answer the same purpose. 

I respectfully recommend that the law be changed, so that the 
board of education shall give orders at one time for only one- 
half of the amount apportioned to each county or city entitled 
to it, and for the other half at another time, after the first order 
is returned. 

I respectfully recommend that separate appropriations be 
made for the normal schools, and for the expenses of the board 
of education in superintending the schools, out of the revenue. 
These items being incidental to and connected with the common 
school system, may well be taken into consideration as part of it 
in estimating the portion of the public revenue that can be 
appropriated to that purpose. It is important that each object 
capable of separate appropriation should appear in the appro- 
priation act, so as to give public information of what amounts 
have been appropriated for each, which has not been the case in 
regard to the public free schools since 1875. (I herewith submit 
a report of President Gathright about the Normal School at 
Prairie View.) 



748 University of Texas Bulletin 

The Sale of the Public Lands — The University, Asylum, and 
Public Free School Lands. 

In my inaugural and messages, again submitted for your con- 
sideration, I endeavored to urge the propriety of immediately 
inaugurating the policy of expeditiously selling off all these 
lands. It will take fifty years to extinguish our public debt by 
the two per cent sinking fund, the lands will be gone long before 
that time, and the people will have to be taxed to pay the debt 
in the end and the interest of it in the meantime. 

The scholastic population is increasing faster than the public 
free school fund. That means increased taxation to preserve the 
present standard of schools. There are now about thirty-five 
millions of acres of school lands, which ought to increase the 
present school fund from three to fifteen or twenty million dol- 
lars. With such a fund drawing interest we might hope indeed 
to build up and maintain an efficient system of public free 
schools with the aid of a light tax that would hardly be felt. 
Equally as good reasons may be given for the sale of all the 
other lands. I respectfully recommend one commissioner be ap- 
pointed to sell all of these lands, under the direction and sanction 
of a board of executive officers; that an appropriation be made 
to pay his salary and incidental expenses, and that each class of 
land shall be made to bear the expense of selling in proportion 
to the value of its land that may be sold. I have good reason 
to believe that with the facilities thus furnished, and upon exten- 
sive publications being made to let it be known, great quantities 
of land can be rapidly sold, and that it will be the best and fast- 
est way to settle the country with a good population. I deem 
this a matter of great importance to the public interest in many 
respects, but especially as it looks to a more speedy closing up 
of the interest that the State has in lands, and will relieve the 
people from taxes in proportion to the lands sold. 

The Agricultural and Mechanical College — The Lunatic Asylum, 
and the Blind and Deaf and Dumb Institutes. 

These are State institutions that have been erected at consid- 
erable cost, and are in a state of incompleteness with reference 



Education in Texas 749 

to the objects to which they are devoted. Learning that to be 
the case, I have procured reports from those respectively in con- 
trol of them, in order that they might speak for themselves in 
representing to your honorable bodies what they respectively 
deem necessary to the efficiency of these institutions. I respect- 
fully invite your attention to these reports. 

As to the college, I think that the law prescribing that the 
annual interest of the fund donated by the United States, now 
amounting to about $14,000, be applied to the compensation alone 
of the ' ' directors, professors and officers ' ' of the college, should 
be repealed, and authority be given by law to directors to apply 
a part of that interest at least more specifically to the main 
objects for which the donation was made, which is defined by our 
constitution to be, learning in agriculture and the mechanical 
arts, and the natural sciences connected therewith. The institu- 
tion is evidently incomplete in that respect. It is incomplete also 
in the absence of other improvements, and a library and appa- 
ratus, to fit it for the objects of its institution. 

As to the asylums, as they are styled in the constitution, surely 
there is a very high obligation on the State to provide the means 
of taking care of every indigent insane person in the State, and 
to receive into the blind and deaf and dumb schools every per- 
son in the State that needs and requires the benefit of those in- 
stitutions. As the State has founded them and advanced thus 
far wth them, as in the case of the agricultural and mechanical 
college, it would seem proper that they should be brought to a 
completeness sufficiently to answer the objects, in a reasonable 
degree, of their foundation. It is certainly within the capacity 
of the State to do this in an economical way, and then it can 
more vigorously devote its attention to the promotion of other 
objects of useful improvements. It is a great drawback to an 
object of interest to be left to drag along in inefficiency, when 
a small amount, compared with that which has already been 
bestowed to start it, would finish it according to the original 
design. It is upon such consideration that I have thought proper 
now to invite your attention to these institutions. 

Keports of the adjutant-general and of the commissioner of 



750 University of Texas Bulletin 

the general land office, and herewith submitted for your con- 
sideration, and which fully explain the objects of their being* 
presented. 

In these reports, as well as in those of the State institutions, 
you will find descriptions of things that are useless or defective, 
and should be disposed of; and they are thus brought to your 
attention to induce the passage of a law for the appointment 
of boards of inspection when necessary to have such property 
condemned and disposed of. 

Additional Appropriations 

There are additional appropriations which I will recommend, 
amounting, as now ascertained, to $86,000 on the regular ap- 
propriations, and to $115,000 on the deficiency appropriation, 
passed at the regular session of the Legislature, which I will 
itemize and explain the propriety of in another message. 

The money for the payment of interest on the public debt at 
the proper time, and that for the annual sinking fund, is in the 
state treasury awaiting your appropriation, which I respectfully 
recommend. I also respectfully recommend, not as a mere for- 
mality, but as a means of indicating what I regard as my official 
duty, to recommend that whatever amount can be safely spared, 
fter the necessary expenses are certainly provided for carrying 
on the government economically and efficiently administered, 
and a reasonable provision for the public institutions, be appro- 
priated for the support and maintenance of the public free 
schools. 

O. M. Roberts, Governor. 1 

1 Report of the Secretary of State of the State of Texas, from January 
23, 1879, to January 1, 1881, 127-128, 135-139; Message of Gov. Oran M. 
Roberts to the Legislature of the State of Texas, (Extra Session), 
convened in Austin June 10, 1879, 4-5, 12-16; House and Senate Journal 
(Extra Session), 5-19; Moreland, Sinclair, Governors' Messages, 295- 
296, 305-310. 



Education in Texas 751 

MESSAGE OF THE GOVERNOR 

to the 
SEVENTEENTH LEGISLATURE 

Executive Office, State of Texas, 

Austin, January 11, 1881. 

Gentlemen of the Senate and House of Representatives of the 
State of Texas, in the Legislature Assembled : 



Public Free Schools 

There had been great complaint that our public free schools 
were conducted without system, and that the large amount of 
money devoted to them from the State Treasury was in a 
measure wasted without adequate profit to the scholastic popu-. 
lation for whom it was designed. 

The subject was thoroughly examined into, and it was found 
that the complaints were not altogether groundless, though 
doubtless often exaggerated. It was found that the outline of a 
plan of organization had been inaugurated that could be built 
upon to make as good a system as could be made, consistently 
with the condition of the country, and with the means that 
could be justly devoted to it. Upon the recommendation of a 
State board of teachers assembled at Austin, a law was passed 
and put into operation, that classed teachers into three grades, 
and paid them accordingly, and required them to induce the 
children to come to school by making the amount of their com- 
pensation partly depend upon it. The result was that more 
scholars were taught longer than before, a normal school for the 
education of teachers was established, aided by the Peabody 
educational fund, and it was all done with much less expenditure 
of money from the Treasury. For a full explanation and elabo- 
rate statistics on this subject you are respectfully referred to the 
report of the Board of Education in which will be shown the 
matters relating to the counties separately, with a general sum- 
mary statement relating both to the organization, the work done, 



752 University of Texas Bulletin 

and the financial expenditures during the two years, prepared 
by Mr. 0. N. Hollingsworth, Secretary of the Board, with great 
care and labor. 

In this may be seen much that will show that our system has 
not been perfectly carried out; still it is evident that it is from 
year to year improving. 

Upon this subject I respectfully refer you to the report and 
supplement of the Commissioner of the Land Office, that you 
may see what a large increase there has been in the sale of the 
lands belonging to the public free schools, and the consequent 
increase of that fund since the law of the Sixteenth Legislature 
went into effect, which allowed as much as three sections of land 
to be sold to one person without requiring him to settle on it, 
being 360,360 acres in the first nine months after the land was 
thus put upon the market. 

In the report of the Board of Education an account is given 
of the normal school, for the education of white teachers, male 
and female, for which an appropriation was made out of the 
public free school fund of $14,000 for each of the years 1879- 
1880 and 1880-1881. In that school, established at Huntsville, 
there have been supported, except clothing, seventy-four pupils 
last year, and provision made for ninety-three pupils this year. 
It was aided by a donation from the Peabody educational fund, 
through the agency of Dr. Sears, now deceased, to the amount 
of $7,200 for last year, and $9,000 this year, which is designed to 
be devoted to teachers to give them good salaries. 

The splendid success of this school, its utility in a school sys- 
tem, and the assurance received of continued and increased aid 
from the Peabody fund, will induce me to request that at least 
two more such schools shall be established, one in the Northern 
and the other in Southwestern Texas, to which I will more par- 
ticularly call your attention hereafter. 

It is proper to say that one of the best results produced by 
the laws that have been passed, and the mode of carrying these 
out, is the educational interest which has been aroused, and the 
general confidence inspired that a good practical system of com- 
mon schools can be established on the present foundation, and 



Education in Texas 753 

that the state has the means to do it without an onerous burden 
of taxation. I shall hereafter endeavor to present to the Legis- 
lature some considerations for the advancement of education 
within the state. 



Respectfully submitted, 

O. M. Roberts, Governor. 1 

GENERAL MESSAGE 

on the 

JUDICIARY, EDUCATION, INSURANCE, STATISTICS and HISTORY, 

RAILROADS, ETC. 

The State of Texas, Executive Office, 

Austin, January 26, 1881. 

To the Honorable the Senate and House of Representatives in the 
Legislature Assembled: 



The Educational Interests 

of this State, in all of its grades, from the highest to the lowest, 
should be regulated and adapted to the wants of the people in 
every condition of life; should have, in all of its parts and 
branches, a well-defined consistency and relation of one to the 
other in the different gradations, and should all be under the 
same supervision, government and control, to the extent that it is 
fostered by the State government, not including private institu- 
tions of learning. The natural division in the gradation of 
schools, in order to meet the wants of the people, is into three 
steps or degrees of education — the common schools for the mil- 
lions, the academies for the thousands, and the college or univer- 
sity for the hundreds. So it has been, and ever will be, and the 
encouragement and provision for each degree are equally essential 
in the effort to elevate society to a higher standard of civilization. 



x Message of the Governor of Texas to the Seventeenth Legislature, 
9-10. 



754 University of Texas Bulletin 

Attention to either one, to the neglect of any other, will neces- 
sarily produce disharmony in its natural order as a system, and a 
deficiency in the attainment of the desirable objects as an en- 
tirety. Being, as a whole, placed under the same supervising 
control, a curriculum, or course of study, could and should be 
prescribed for and enforced in each grade, so as to be in har- 
mony in and through the different grades established, and so 
as not to interfere and conflict with one another in the whole 
course of education fostered by the State. Fortunately, Texas 
is now in condition to initiate measures that will eventuate in 
this grand result. We have the means, as you will see exhibited 
and explained in the report of the Board of Education, to com- 
mence the 

Institution of a University, 

that, under the constitution, will require the Legislature to sub- 
mit the question of its locality to the voters of the State, which 
I respectfully recommend as proper to be done during the pres- 
ent session. It is much to be desired that it should be located 
at the seat of government, at Austin, where forty acres of land 
were set apart for it, in a most beautiful situation, in laying off 
the city, indicating thereby the voice of the founders of our 
institutions as to where it should be located. It would be here, 
where the members of the Legislature at every session could 
conveniently give it their attention and encouragement, and 
here would be congregated the youth of the country to imbibe 
common ideas, acquire a love of our State, its history and insti- 
tutions, and in whatever position in life they might afterward 
be placed they would be thereby predisposed to think and act on 
a common design for the prosperity and glory of their own 
State. It should be open for females, as well as males, qualified 
to enter it, and such should be the rules in all of our schools, of 
whatever grades. 

Academies 

for a higher degree of education than it is practicable to be fur- 
nished in the common schools, and also to prepare persons to 
enter college, should be provided in every county in the State, 



Education in Texas 755 

under the immediate control of the local authorities that might 
be established for that purpose. 

This could and should be done, by restoring to the counties 
the four leagues of land, or the proceeds thereof, if sold, which 
were originally appropriated to each of them, by an act of the 
Congress of the Kepublic of Texas, in 1839, for the erection and 
maintenance of an academy. This, unfortunately, was diverted 
to the common schools in each county, by a provision of the 
constitution of 1876, which should be altered so as to allow the 
donation by the State to counties to be devoted to its original 
purpose, which was wisely conceived, and fully as necessary to a 
complete system of education fostered by the State as common 
schools or a university — both of which have adequate funds 
and means in bonds, money and land, if properly managed, 
without that being added. A neglect of that middle grade of 
education in our system will induce an impracticable effort on 
the part of the other two grades to supply its place, and will 
thereby impair the distinctive sphere that should be occupied 
by each. In the common schools there would be an effort to 
prepare persons for the university, which would be a higher 
standard of education than would be generally practicable, and 
in the university there would be a lowering of the standard for 
admittance, that would inevitably lower its character as a high 
school of learning. There should now be a reservation of lands 
to supply the unorganized counties with four leagues each, 
before all the public domain is taken up for other purposes. It 
would be well, as far as practicable, to locate this reservation 
for each county within its own limits. 

The Agricultural and Mechanical College, 

being, under the constitution, a branch of the university, should 
be placed under the same supervisory control. I respectfully 
refer to the reports of the Board of Directors, which will be 
submitted to you for a full history in the past, and the present 
condition of the institution, with the recommendations contained 
in the message accompanying it. 

In addition to what is there stated, I would submit that it 
will be found, since that institution is now and should hereafter 



756 University of Texas Bulletin 

be devoted mainly to the special branches of learning in agricul- 
ture and the mechanic arts, as required by our constitution, and 
as designed by its endowment, that the leading impediments to 
its success will be the want of scholars, in different parts of the 
State, so as to distibute the benefits of that sort of education 
over all parts of it. In this age of material development, much 
attention should be given to this subject, especially in Texas, 
where agriculture in a broad sense must be for a long time the 
leading pursuit, and it is to our interest to add to it as fast as 
practicable the benefits of the mechanic arts at home. I would 
recommend, therefore, that 500,000 acres of the public lands be 
set apart and donated to the institution as part of the univer- 
sity for its encouragement, and especially to be used in sup- 
porting at said institution persons from different sections or 
districts of the State, so as certainly to procure scholars, and by 
that means spread skilled labor over the State. The 

Normal Schools 

are a part of, and essentially necessary to perfect, a complete 
and efficient system of free public schools. 

The Sam Houston Normal School, at Huntsville, was provided 
for by the Sixteenth Legislature by the appropriation of $14,000 
out of the public free school fund, and by a donation from the 
Peabody educational fund, through the agency of Dr. B. Sears, 
now deceased. In it has been supported at public expense 
seventy-four pupils during the last scholastic year, and ninety- 
three this year. I respectfully refer to the report of the Board 
of Education for information in regard to it. The Prairie View 
Normal School, near Hempstead, for the education of colored 
teachers, was provided for by the Sixteenth Legislature by an 
appropriation of $6000 out of the interest of the university 
fund, because, it may be presumed, that had previously been 
connected with the Agricultural and Mechanical College, for the 
education of colored persons, but had failed for want of scholars. 
In its present organization, under the law, it is strictly a norma] 
school, and as such has been successfully carried on for the last 
two years, with thirty -five State pupils last scholastic year, 



Education in Texas 757 

and forty-six this year, at public expense. For the condition of 
this school I refer to the report of the Board of Directors of the 
Agricultural and Mechanical College. The marked success of 
both of these schools gives encouragement to increase the num- 
ber of them, for which, doubtless, houses will be tendered to the 
State for that purpose, as it was done by the citizens of Hunts- 
ville. To be prepared for this, and to give information to the 
Legislature on this subject, I, by the aid of Mr. 0. N. Hollings- 
worth, secretary of the Board of Education, have made known 
to the trustees of the Peabody fund the success of the institu- 
tion already named, and the great need of an increase in the 
number of such schools. The death of Dr. Sears, the general 
agent, has prevented any definite answer to the application 
soliciting additional aid, nor can it be expected until after the 
meeting of the Board of Trustees at Washington City, on the 
first Thursday in February next. I have, however, been assured 
by a letter from the Hon. C. Winthrop, of Boston, president of 
said board, that due consideration will be given to the applica- 
tion, and that I would be justified in making my recommenda- 
tions to the Legislature accordingly. 

Should there be two more of said schools provided for, I beg 
to suggest the propriety of naming one of them after Dr. B. 
Sears, and the other after Mr. Peabody, as a just tribute of 
respect for those who have aided us in our efforts to build up a 
good system of public schools. In regard to the appropriation 
for ?ll of the normal schools that are or may be established, I 
would respectfully recommend that it be made directly out of 
the revenue, and not out of the special funds, as it has hereto- 
fore been done. The propriety of taking it out of those funds 
is extremely doubtful, from the wording of the constitution in 
regard to said funds. And, being schools auxiliary to, and neces- 
sary as a part of, the public free school system, the appropria- 
tion for them may be made with reference to the amount of reve- 
nue set apart annually for the public free schools, and be so 
adjusted as never, altogether, to exceed the constitutional limit. 
And I again recommend that the amount of revenue to be de- 
voted to the public free schools be specifically named by the 



758 University of Texas Bulletin 

Legislature, as it was done before the session of X876, and that it 
will be specified and shown in the acts of the Legislature, so as 
to be easily accessible to, and known by, the whole country, what 
amount of the general revenue has been given annually. The 
Legislature can form as accurate an estimate of the probable 
amount of revenue to be collected as can the Board of Educa- 
tion, who have invariably had it to do before the assessment 
rolls for each year had reached the comptroller's office. This, 
too, would be more conformable to the constitution, which ex- 
pressly says that "there shall be set apart annually not more 
than one-fourth of the general revenue," etc. It is general 
revenue, not exceeding one-fourth of it, that is to be annually 
set apart. It should come into the State treasury as general 
revenue, and not as a school fund, to be estimated annually by 
the Board of Education, which never has been done with any- 
thing like accuracy, and can never be, as any one will readily 
perceive who will take the pains to examine and understand the 
subject in all its details. 

The Public Fbee Schools 

have been taught upon an average over the State about four 
months annually for the last five or six years. It was done last 
year with one-sixth of the general revenue added to the other 
sources of the available school fund, which was the interest on 
something over $3,000,000 in bonds, and the $1 poll tax. It can 
not, for many years, be kept up to the standard of four months 
annually by those revenues, and even one-fourth of the general 
revenue, for the reason that the sources, from which the avail- 
able school fund for annual disposition to the schools, including 
that derived from taxes, are not and have not been increasing 
five per cent, per annum, whereas the scholastic population has, 
for the last five years, been increasing ten per cent annually on 
the number of preceding years. An elaborate and carefully 
prepared report of the operations of the schools and all of the 
leading matters pertaining to them will be found in the report 
of the Board of Education, and in the statistical statements 
connected with it, to which you are respectfully referred for 



Education in Texas 759 

full information. It is very desirable to keep the schools up to 
the standard of four months in the year. 

The great body of the children of the scholastic age, whose 
parents live in the rural districts of the county, may not, ordi- 
narily, be spared from home to go to school longer than four 
months, and, with good teachers, who have the proper educa- 
tional spirit, and could inspire their scholars within that length 
of time during six consecutive years, would be sufficient to give 
them a common English education, sufficient to fit them for the 
ordinary business avocations of life. That is all that this State 
or any other should attempt to accomplish by means of taxing 
the people to do it. Those who live in cities and in incorporated 
towns, and whose children can generally be spared from home 
to go to school longer than four months, may unite in assuming 
to control their own schools, and, by voting to tax themselves 
in aid of what is given by the State, may send their children 
to school as long as they may desire to do it. When our popu- 
lation becomes sufficiently dense the counties may be laid off 
into rural school districts, and the same be done in them as may 
now be done in our cities and towns, by a change of the con- 
stitution authorizing it to be done by said rural school districts. 
Indeed, that is the way in which the most of the States carry 
on their schools, the great body of the funds for carrying them 
on being raised in the districts where the schools are taught, as 
will be fully shown in the report referred to. I have not seen 
and examined the comptroller's report, by which to make esti- 
mates in regard to the probable receipts of general revenue 
during the next two years ; but from my general information it 
is thought probable, when it is examined, as it should be before 
making estimates, that there will have to be an increase over 
one-sixth of the revenue to keep the schools up to the standard 
of four months, especially if the Legislature should diminish 
the taxes. It is certain, however, that the proportional increase 
of the scholastic population over the increase of the available 
school fund annually will necessitate some means by which the 
present standard of the schools at least can be maintained. 

The means for that purpose at our command, and the only 



760 University of Texas Bulletin 

means, without in a very few years hence increasing the taxa- 
tion beyond the constitutional limit of one-fourth of the general 
revenue, will be by the more rapid sale of the school lands, by 
making better arrangements for facilitating their more rapid 
sale, and selling for a fair value in any quantities to suit pur- 
chasers. The change made by the Sixteenth Legislature in the 
sale of three sections of land to one person without requiring 
the land to be settled on, instead, as formerly, 160 acres with 
settlement required, caused to be sold the first year over 300,000 
acres of school land; whereas, for five years previously, the an- 
nual average sales were not more than about 11,000 acres. In 
the western portion of the State, where most of those lands are 
situated, persons who engage in farming will for many years 
to come depend partly on raising stock, and will require larger 
tracts of land even to make a livelihood than is required in 
other portions of the State. Said lands alternating with rail- 
road lands, neither those who own them, nor the State, can sell 
lands to establish colonies or ranchos, or even farms with annex- 
ed stock lands, to suit purchasers. There have been numerous 
inquiries made, and many visitors to Texas, for the purpose of 
ascertaining how large tracts of pasture lands for stock, and 
farming lands to form colonies in the west, could be purchased, 
and it is reasonably certain that many times more land could 
have been sold than was sold, if the sales could have been made 
without the limitation of quantity that was imposed. The wood- 
lands, and those that have valuable timbers, should only be 
sold for money paid down, and not on credit, as otherwise the 
first payment may be made, the timber cut off, and the purchase 
abandoned, leaving the land valueless. The great body of the 
lands might well be sold on long time, with interest lower than 
10 per cent, as it is now. 

To carry out these objects, I respectfully recommend that an 
office be created, to be filled by a bonded officer, to be styled 
"the State land agent" to be in the land office, where he can 
have free access to the records, who shall, under a law defining 
his duties, have charge of the sale, subject to the direction of or 
to rules prescribed by the board of executive officers (of which 



Education in Texas 761 

the Commissioner of the General Land Office shall be one) of 
the school lands, the different asylum lands, the university lands, 
the lands for the payment of the public debt and of any other 
lands that may be appropriated to public uses under the control 
of the State government. 

Should this plan succeed, to increase all the funds belonging 
to those institutions the taxes for their support might be pro- 
portionally diminished, and at the same time the State govern- 
ment mfght be placed in a situation to increase the annual 
term of its common schools without burdening the people with 
enormous taxes, which will have to be done even to maintain 
them at the present standard, if those lands are not sold more 
rapidly. The more rapid sale of all these lands would tend to 
improve in wealth and interest. 

These lands being sold, and the funds increased by the pur- 
chase money being invested and drawing interest, for annual 
use, the lands thereafter being taxed to raise revenue, and the 
public debt being diminished and ultimately extinguished, and 
our country being settled more densely, so that provision can 
be made for the rural school districts taxing themselves, as the 
cities and towns can now, and good teachers, trained at our 
normal schools, being scattered all over the country in the 
schools, then, and not until then, can it be reasonably expected 
that our public free schools can be brought to a complete and 
efficient system, and sustained just as they are in the older 
and densely settled States ; and then, too, all of our other edu- 
cational interests will have been elevated, so as to redound to the 
benefit of, and be the pride of, our own people, and to compare 
favorably with similar institutions in other States of the Union. 

That they may all be built up together in harmonious co- 
operation, I respectfully recommend that they be put under 
the same supervisory control and government, by the creation 
of a board of education, embracing not only executive officers, 
but also distinguished citizens in the different parts of the 
State, with authority to form an acting directory of which the 
secretary of the board or superintendent of instruction, as he t 
may be called, shall be a part, and be also an officer, with a 



762 University of Texas Bulletin 

salary. This will require an amendment to the constitution, 
which could be submitted to the people when the location of the 
university is submitted to them. 

I desire to call attention to a few 'facts that constitute an 
impediment to the success of our system of public free schools, 
and prevent them from having the full sanction and encourage- 
ment of the community as a whole. 

1. There are a large number of persons who object on 
principle to public taxation to educate other people's children, 
as well as their own. Now, if we could raise an endowment 
fund of $30,000,000 or $40,000,000 by the sale of our lands, 
surveyed or to be surveyed, amounting, as estimated, at over 
•40,000,000 acres, and our taxes for school purposes be thereby 
diminished, and the great benefits to society arising from our 
educational efforts be exhibited and recognized, this objection 
would be greatly, if not entirely, removed; and if, by a more 
rapid sale of the lands, it can be seen in advance that this is the 
object aimed at, and practically attainable, that, itself, will tend 
to prevent active opposition long before the object itself is fully 
attained. 

2. The clause in our constitution which prevents any part 
of the public free school fund from ever being appropriated to, 
or being used "for the support of any sectarian school," caused 
objections to be raised in two ways, to-wit: That, practically, 
it is evaded by teaching the forms of worship and precepts and 
particular religious tenets on the one hand; and, on the other 
hand, that it excludes any religious or moral training in the 
schools whatever. And, hence, there are a number of schools 
in the State that do not receive any benefit from the public free 
school fund, and a number of persons who will not send to the 
public schools for one or the other of the reasons above men- 
tioned, although they have to pay taxes to support them. This 
provision has been construed from its literal import to exclude 
schools that are under the control of any denomination of or- 
ganized interests, of whatever character, from receiving the 
benefit of this fund, because they are sectarian schools ; that is, 
the schools of a sect, notwithstanding they may not profess to 



Education in Texas 763 

teach in said schools the peculiar tenets of that sect. I think, 
and therefore submit, that the phraseology of that provision is 
unfortunate in not properly expressing what was undoubtedly 
intended by it — which was to keep State and Church separate, 
and not to avoid the necessity and importance of teaching any 
religion in the proper sense of that term, which embraces the 
duty and relations of man to man in society, and the duty and 
relation of man to his Maker. Surely the precepts contained 
in the Ten Commandments, in the Lord's Prayer and in the 
Sermon on the Mount, taught in a school to pupils, could not 
be a matter of objection by any class of religionists elevated 
above the retaliatory and revengeful creed of a savage Indian 
or of a barbarian. Eeading them out of a particular book, or the 
practice in the school of any forms of worship, or the inculcation 
in any way of the peculiar tenets of any creed whatever, are 
very different things. That is sectarianism, and is not religion 
in its broad sense, common to civilized men, which ought to be 
taught for the benefit of the rising generation everywhere, and 
should be excluded from no place whatever. The amount of 
illegal violence and of other crimes now prevalent in Texas, as 
well as elsewhere, shows that there has been a great failure to 
properly teach it anywhere in this country. Had the pro- 
visions been shaped so that it could be construed to prohibit the 
particular tenets of any denomination of religionists, or the 
peculiarities of any religious creed of religion, from beng incul- 
cated by any practices or forms of worship, or the teaching of 
them by precept or otherwise, a more universal approbation of 
our school system might have been obtained, and a great want 
in education might have been supplied, so as to have suited all 
classes of our citizens, for it has been demonstrated by long 
experience and observation, where the best system of common 
schools has been established, that it requires something more 
than learning to read, write and cipher, with geography, the 
English grammar, history and other such things in mere scien- 
tific education added to elevate a people to good citizenship and 
true manhood. There must be inculcated a moral sentiment by 
teaching the proper relations of man to man in society and his 



764 University of Texas Bulletin 

relation to his Maker in order to accomplish that object, and it 
should not be excluded from the school or any other place by 
the operation of the law of the land. The religious part of the 
community feel that their influence for good is ignored and even 
repelled by this clause of the constitution; and being fully im- 
pressed with that idea by the numerous communications made 
to me and to the Board of Education on this subject during the 
last two years, I have deemed it my duty to present these 
views to the Legislature for their consideration, and for such 
action, if any therein, as may, in their judgment, be deemed 
for the public good. It involves a question that is before us now 
that is growing in importance, and must be met sooner or later. 
On the subject of a university, I respectfully refer you to the 
memorial of a committee appointed by the State Association of 
Teachers, addressed to me, and ask for it a respectful considera- 
tion, as coming from those who, from their occupation, have 
given attention and thought to the subject, which I will submit 
to you. 1 

MESSAGE TO THE EIGHTEENTH LEGISLATURE 

Executive Office, Austin, Texas, 

January 10, 1883. 

To the Honorahlc. Senate and House of Representatives in the 
Legislature assembled: 



The permanent fund of the public free schools has increased 
by the sale of its lands from $1,629,000 to $5,361,000 on first Jan- 
uary, .1883, with a probable increase shortly of over a million of 
dollars more by the sales of the reserved lands. 

The common free schools have been improved, the length of 
their terms have increased every year, and the amounts annually 



1 General Message on the Judiciary, Education, the Department of 
Insurance, Statistics and History, Railroads, etc., to the Seventeenth 
Legislature of the State of Texas, convened at the city of Austin, in 
Regular Session, January 11, 1881, 9-15. 



Education in Texas 765 

appropriated to them have been greater, being this scholastic year 
over one million of dollars, and the scholastic population has in- 
creased over ten per cent upon the number of each preceding 
year, and now numbers over 295,000. 

Two normal schools have been established, one for white and 
the other for colored pupils, whose expenses at the schools are 
borne by the State, in which there are now about two hundred 
pupils, who are being taught and trained to become teachers in 
our public free schools. 

Summer normal institutes have been established during the last 
two years, which have been numerously attended by the teachers 
of the State. 

It is proper here to note our obligations for the liberal contri- 
butions of the Peabody fund to our white normal school, to the 
summer normal institutes, and to other free schools in cities and 
towns in Texas. 

The Agricultural College, formerly a literary high school in 
effect, has been transformed into an agricultural and mechanical 
college in fact, and its rooms are all full of students. 

The University of Texas, its main branch, its medical branch, 
and branch for colored youths, have been located by a vote of the 
people. One million of acres of land have been added to its fund, 
the building for the main university, at Austin, is now being 
erected, and it, with its branches, now awaits the intelligent 
recognition of the Legislature, in such liberal action as will meet 
the public demand for its adequate endowment and speedy 
organization. 



PUBLIC FREE SCHOOLS' 

The K^irtr features of our public free school system are such 
as are vixen to it by the Constitution of the State, and such as 
are priven to it by the laws passed since the adoption of the pres- 
ent Constitu+ion. 

Firs+. by thp Constitution, it is made "the duty of the Legis- 
lature to establish and make suitable provision for the support 



766 University of Texas Bulletin 

and maintenance of an efficient system of public free schools. ' r 
(-Article 7, sec. 1.) 

It may be supported by the levy of taxes, the same as any 
other object of government, and is hereby made a part of the; 
ordinary operations of its administration, the same as the 
courts, the collection of taxes, quarantine, the penitentiaries, 
the University, or any other. (Article 3, sec. 48.) 

It is given a permanent fund in lands, land sale notes and 
bonds, which, with the interest thereon, is protected from beings 
appropriated to any other object. (Article 7.) 

A part of the revenue shall be set apart to it annually, not 
exceeding one-fourth thereof, and a poll tax of one dollar, to- 
gether with the interest of its permanent fund. (lb.) 

This, constituting the available fund, shall be distributed to 
the counties annually, according to the scholastic population of 
each, to be applied as may be provided by law. (lb.) 

No part of it can be appropriated or used for the support of 
any sectarian school. (lb.) 

Each county shall have the benefit in its schools of the in- 
terest upon the bonds, purchased by the sale of its four leagues 
of land. (lb.) 

Separate schools are required to be provided for white and 
colored children, and an impartial provision shall be made for 
both. (lb.) 

"The Governor. Comptroller, and Secretary of State shall 
constitute a Board of Education, who shall distribute said funds 
to the several counties, and perform such other duties concern- 
ing public schools as may be pescribed by law." (lb.) 

The Legislature may constitute any city or town a separate 
and independent school district, which under certain regula- 
tions, may levy and collect an additional tax for its schools. 
(Article 10, sec. 10.) 

These provisions have been thus collated that it may be seen 
that they constitute within themselves a complete and consist- 
ent system, not as a separate, distinct department, but to be 
one of the ordinary operations of the government, both in its 
government and in the provision to be made for its support, ex- 
cept only that it has the advantage of a separate fund to aid 
in its support. 



Education in Texas 767 

It leaves to the Legislature the authority and duty of pre- 
scribing by law what part of the whole amount of the annual 
revenue, not exceeding one-fourth, shall be appropriated, how 
the money, annually distributed to the counties, shall be applied, 
in carrying on* their schools, and what other duties, concerning 
public schools, besides that of making the distribution of the 
annual available school fund, shall be performed by the Board 
of Education, created by the Constitution. Secondly, the law 
of 1876, passed by the Legislature to carry out these provisions, 
and the amendments since made to it, were shaped in har- 
mony with them, by making the county judge the general 
director of the machinery for establishing the schools within 
his county, by making school communities to depend upon 
the mutual association of citizens, having scholars within the 
prescribed scholastic age, eight to fourteen, inclusive, and not 
by territorial divisions into school districts, by placing schools 
under the control of trustees, chosen from the patrons, who 
select and make contracts with the teachers, and otherwise 
attend to the carrying on of the schools, by requiring teach- 
ers to be examined and to be paid according to the grades 
of certificates of qualifications as teachers, into three classes, 
first, second and third ; by making tuition free to the pupils 
within the scholastic age, in the ordinary branches of a com- 
mon education, as in "orthography, reading, writing, Eng- 
lish grammar, composition, geography, and arithmetic;" by per- 
mitting scholars, not of the scholastic age, to attend the schools 
upon payment of tuition, and by regulating the manner in 
which towns and cities can institute their own schools, and have 
them taught for a longer time than they could be taught by the 
money furnished to them by the State in its annual distribution. 

Thus our school system has been identified and connected with 
the civil government throughout, and made part of it, with its 
immediate control localized where its benefits are to be realized. 

That this system, ever since its adoption, has worked well and 
has continued to improve from year to year, is demonstrated, 
not only by the reports of the Board of Education, but by the 
gradual withdrawal of public opposition to free public schools, 
by the increased and continually increasing interest taken in 



768 University of Texas Bulletin 

1hem in all parts of the State, and by the confidence that has 
been generally inspired, that a good and efficient system of pub- 
lie free schools can be built upon the foundations already laid, 
vd "hout an unreasonable burden of taxation, if the leading fea- 
tures of the system are preserved and improved upon as the 
financial ability of the State and the increase of its own school 
fund may justify it. 

I should not have deemed it necessary to have thus presented 
this subject at the close of my administration, but from the fact 
thai for years past there have been, and now are, in this State, 
persons who have, and are, actively engaged in the effort to 
overturn this system, or to fundamentally reform it so as to 
conform in effect to the system established in Texas under the 
Constitution of 1869. 

The leading features of the system attempted to be imposed 
upon the State are the creation of a separate department of the 
government, the appointment of a State Superintendent, Dis- 
trict Supervisors and County Superintendents, with power to 
control the whole machinery of the schools and matters relating 
to them, and with competent salaries for their support ; also, 
a special tax levied to support the schools, and their vast inde- 
pendent machinery of officers, for nine or ten months in the 
year, with an increase in the period of the scholastic age, and a 
consequent enlargement of degrees of education to be paid for 
by the State. 

Such a separate scholastic establishment would annually cost 
more money than the whole amount of taxes collected off of the 
people of Texas for all the expenses of the government. It 
would lead to a central control that would supersede the local 
control of the schools. There are now seven thousand teachers 
of those schools, with a regular increase every year. This nu- 
merous body of teachers would be embodied in a common pur- 
pose of self-aggrandizement by this central controlling power, 
and would exert an influence all over the State for more and 
greater advantages for the whole class of persons engaged in 
this business. The taxpayer would grudgingly pay his special 
school tax, as it would increase from time to time, and it would 
become odious, as most special taxes for the benefit of a class of 



Education in Texas 769 

persons are. Other interests in the administration of the gov- 
ernment, that would be less favored, would combine and make 
war on it as a political machine working for class legislation. 
It would finally be abandoned, if not (as a similar system for- 
merly existing) in disgust, at least, as impracticable. 

The moving cause of this effort is not that four, five, and six 
months, as now taught in the common schools each year, for six 
years, is not sufficient to teach children reasonably well in the 
branches of common education heretofore named, but because 
it does not give constant employment and adequate compensa- 
tion to competent teachers, and the standard of common educa- 
tion is not sufficiently high. These objects are certainly very 
desirable, when their attainment shall become practicable. 

But the question is how, and by what means shall their attain- 
ment become practicable. Surely, the State is not bound to pro- 
vide for a higher standard of education for the masses of its 
people, than that which will fit them for intelligent citizenship 
in a republican government. The standard fixed by law is cer- 
tainly high enough to enable the masses of people generally, 
who receive the benefit of it, to have that general diffusion ol 
knowledge, which is "essential to the preservation of the liber- 
ties and rights of the people." That is the object indicated by 
the constitution, and of necessity fixes impliedly a limitation 
upon the power and duty of taxation for that object, Any 
thing in excess of that is beyond any established theory or prin- 
ciple of the obligation of the State to promote the general edu- 
cation of the masses of its people. Something else, than an in- 
creased and special taxation, must be resorted to. Our many 
millions of acres of school lands, may be utilized by sale or lease, 
so as to largely increase the available school fund to be annually 
distributed, as it has been doing for a few years past; still it 
will be found when that fund is fully matured, the rapid in- 
crease of our population will, before many decades, have caught 
up with it, so that its proportion to the scholastic population 
will then be no greater than it is now, after which time it will 
gradually get less. 

The only practicable permanent remedy for the attainment 
of the desirable objects that have been named will be found in 



770 University of Texas Bulletin 

the encouragement of more towns and cities to assume the con- 
trol of their own schools; in the formation of permanent school 
districts in the counties, wherein the residents can tax them- 
selves when the population becomes sufficiently dense (which 
will require a change in the Constitution) ; and until that can be 
done, in arousing public sentiment in favor of higher education, 
that will induce free public schools to be attended by a greater 
number of scholars not within the scholastic age, the compensa- 
tion for whose tuition by those who receive the benefit of it 
will gradually lengthen the terms of the schools and increase 
the compensation of the teachers. 

The State having filled the measure of its duty, reliance 
must be placed on local taxation and compensation from the 
individuals benefited to furnish the means for longer terms, 
better pay, and a higher standard of education in the public 
free schools of the State. And this must be the case under the 
present system, or under any other that may supplant it, with- 
out imposing such burdens of taxation upon the people as they 
will not bear any length of time. Amendments may, and doubt- 
less will, be made upon the present school law to perfect it more 
and more, from time to time, as its defects are made known in 
its practical operation. 

One of the greatest obstacles in the way of reaching proper 
conclusions by educators, and many other friends of education, 
is their constant failure to keep strictly in view the specific ob- 
jects of the .State in instituting public schools, as indicated by 
the Constitution and laws of the State. 

They habitually devise plans for general education, irre- 
spective of the school in which it is to be taught; whereas the 
object of the State in regard to each school is specific. For in- 
stance, the public free schools are instituted and regulated by 
the Constitution and law to teach the mass of people such 
branches only as are necessary for intelligent citizenship in a 
republican government. Normal schools are instituted to train 

(1 perfect the education of pupils sufficiently to enable them 
to be competent teachers in the public free schools. Summer 
normal institutes are designed to train and improve teachers 
who are already engaged in the business of teaching. 



Education in Texas 771 

The Institutes for the Deaf and Dumb, and for the Blind, 
are designed to teach pupils such things as will best enable them 
to supply the want of the lacking faculties, as far as practicable. 

The Agricultural and Mechanical College is designed to teach 
learning in agriculture and the mechanic arts, and the natural 
sciences connected therewith. 

The University is designed to teach the higher grades of learn- 
ing and science, and to qualify persons for the learned profes- 
sions. 

A proper appreciation of these specific objects will serve as a 
guide in the estimate of what should be taught, and of the ex- 
tent of the means to be used in their support, respectively. 

I respectfully refer you to the reports of the Board of Educa- 
tion, of the Board of Eegents of the University, and other re- 
ports of those institutions, with a request for a due considera- 
tion of the facts presented and recommendations therein con- 
tained. 



0. M. Roberts, 

Governor. 11 

PRESIDENT CRANE ON HIGHER EDUCATION 
WM. CAREY CRANE, D.D., ILD. 

Dr. Crane succeeded Dr. R. C. Burleson as President of Baylor 
University at Independence. He occupied this position from 1862 to 
1885. One of the few men of genuine scholarship in Texas during 
these years, he was a recognized leader in educational affairs. 



In conclusion, may I say that the results to which my mind 
has led me from reflections, study and experience covering half 
a century, with facilities abundant in reading, travel and social 
intercourse with the best teachers and thinkers of the age are: 

1. That the State is under no obligation to furnish any edu- 
cation for the people except such as is needed to qualify the 

Message of Gov. 0. M. Roberts to the Eighteenth Legislature, 7-8; 
Journal of the House, 9-16; Journal of the Senate, 8-15; Moreland, Sin- 
clair, Governors' Messages, 431-432, 451-457. 



772 University of Texas Bulletin 

citizen for a voter or juror, and that the literary qualification 
ought always to be a limit to the right of suffrage. 

2. That State colleges, universities or academies should be 
aided only through grants of land from the Congress of the 
Union or the Legislature of the State, or donations from coun- 
ties or individuals disposed to cheapen education by means of 
endowment funds, producing a semi-annual interest. 

3. That denominational institutions are the best institutions, 
generally, for the proper education of the youth of both sexes 
for the great duties of life, and as a preparation for a true uni- 
versity course of instruction or the prosecution of professional 
studies needed for practical business. 

4. That it is unjust to tax the people to educate doctors, 
lawyers, farmers, mechanics, machinists, or engineers, and all 
such education should result from special and voluntary con- 
tributions from indviduals and corporations. 

5. That while the public school system should be under the 
control of the State, supported by constitutional enactments; 
that while the Agricultural and Mechanical College should 
depend for the support of its faculty and the carrying out of 
the objects for which founded, and which as yet has not com- 
menced, on what it has already received from the nation and 
the State, and the probable future grants of land from Con- 
gress, all the colleges of the State and all the county academies 
should form the State University, under the supervision of a 
Board of Regents; that alternate sections of University lands 
should only be sold, the interest of which, together with the in- 
terest of the sums of university funds loaned in former years 
to the railroad companies, annually accumulated, should be ap- 
propriated to the erection of a suitable building for a true uni- 
versity, and according to a definite scale of worth and merit 
among all the colleges and academies of the State, for the sup- 
port only of their literary teachers. 

6. That the State should erect one suitable building at its 
Capital, wherein the Board of Public Instruction should have 
its rooms; wherein the Board of Regents of the "University of 
Texas" should have their quarters for the Chancellor and Sec- 



Education in Texas 773 

retary; wherein the library, public documents, cabinets of 
geological specimens, fossils, relics, and all articles illustrative 
of State history should be collected ; wherein a course of lectures 
of at least four months' continuance should be delivered by the 
Chancellor and at least six eminent professors or scholars each 
winter, to which all graduates of colleges, teachers of public or 
private schools, lawyers, doctors and preachers should be ad- 
mitted free for the course on being registered by the Secretary 
of the Kegents; that these courses of lectures should be differ- 
ent each winter ; but embrace in two years the whole curriculum 
of study and thought; and that such persons as should attend 
both courses should receive a certificate from the Chancellor of 
the University that they have attended faithfully and received 
benefit from these lectures. Such a building, known as the 
"Bureau of Education," for such objects would save the neces- 
sity of any special vote of the people of the State for a local 
teaching university, according to the model of other States, 
leaving all class teaching to the respective chartered institu- 
tions of learning of the State. 

These views ought to he adopted. The people may be too 
much occupied in minor matters to attend to the inauguration 
of an educational system which the ample land provisions of 
the Constitution of the State fully warrant; but it is no less 
true that Texas has the opportunity of presenting to the world 
a model system of education, which no people on earth, from 
the palmy days of Grecian and Roman philosophy down to the 
times of Lord Bacon and Sir Wm. Hamilton, ever enjoyed. 1 

TEXAS STATE GRANGE, 1880 
Austin, January 13-16 



1 Crane, Wm. Carey Essay, "Who Ought to Supply and Control the 
Education Needed by the TeopleV Read before the Mexia Educational 
Convention, August 6, 1878, 12-13. 



774 University of Texas Bulletin 

11. That a system of elementary agricultural education shall 
be adopted in the common schools of the country. 1 

REPUBLICAN STATE CONVENTION, 1880 
Austin, March 24 and 25 

The split in the Republican party was adjusted amicably by the 
chairmen of the two factions; Dr. Cochran withdrew in favor of ex- 
Governor Davis. In his address at the opening of the State convention, 
Chairman Davis advised that body to pay less attention to National 
affairs and to devote more attention to Texas affairs. 



PLATFORM 



4. We hold the following to be among the highest duties of 
our State government : 

(1.) To establish an efficient system of free public schools, to 
be supported by a liberal appropriation of the public revenue in 
addition to the income of the permanent school fund. 2 

DEMOCRATIC STATE CONVENTION, 1880 
Dallas, August 10-13 

The -Democratic State convention met in Dallas August 10, 1880. 
Governor Roberts was a candidate for re-election. 

PLATFORM 

The Democratic party of Texas, in convention assembled, de- 
clare : 



4. "We regard the maintenance of a practical system of public 
free schools of the utmost importance, and to this end favor the 



'Winkler, E. W. Platforms of Political Parties in Texas, 193-194; 
Proceedings of the Sixth Annual Meeting of the Texas State Grange, 
Patrons of Husbandry, held at Austin, Texas, January 13, 14, 15 and 
16, 1880. 

2 Ibid., 195-196; Austin Daily Statesman, March 25 and 26, 1880; The 
Texas Capital (Austin), March 30, 1880. 



Education in Texas 775 

largest appropriation, within constitutional limits, justified by 
the financial condition of the State. And we favor the adoption 
by the next legislature of the constitutional requirements for the 
organization and maintenance of "The University of Texas." 



MINORITY REPORT 

The following minority report was presented and read 



3. That regarding the maintenance and perfection of an 
efficient system of public free schools as an essential to good 
government, the Democratic party, true to its traditions and 
policy from 1836 to the present time, does solemnly declare the 
free education of the children of this State, without regard to 
class or condition, in the ordinary branches of an elementary 
education, is a subject of paramount importance in State legisla- 
tion, and to that end will earnestly favor the appropriation of 
the maximum amount of such revenues as is permitted by the 
constitution. 

7. That the sale of our public and common free school lands 
shall be confined to actual settlers, and in such quantities and 
upon such terms as shall put them in reach of persons of limited 
means, and to that end such methods as will lead to the speedy 
sale of such lands in the manner above indicated should be 
immediately adopted. 

Chas. Stewart, 
Sit, as Hare, 
A. Haidusek, 
W. R. Wallace, 
J. B. Ford, 
T. T. Teel, 
R. D. Harrell. 1 



*IMd., 201-206; Austin Statesman and Galveston News. 



776 University of Texas Bulletin 

GREENBACK-LABOR STATE CONVENTION, 1880 
Austin, June 23 and 24 

Chairman Miller, of the State executive committee, issued his call for 
a convention on April 15th, to meet at Austin, June 23— after the meet- 
ing of the National Greenback-Labor convention, at which Texas was, 
however, represented. Representation was based upon clubs; about 140 
delegates attended. 



PLATFORM 



7. We favor the repeal of the present pretense of a school 
law, and the establishment of an efficient system of public free 
schools, and demand the appropriation by the legislature of the 
full constitutional limit of one-fourth of the general revenue for 
that purpose. 

8. "Relieving it to be the part of wisdom to preserve the public 
school lands of Texas as the basis of a grand school fund, we de- 
mand the immediate repeal of all laws providing for the sale of 
the same, other than to actual settlers, in quantities of not more 
than one hundred and sixty acres to any one purchaser. 

9. We demand that the public domain of Texas be reserved 
for a permanent school fund, and for the benefit of actual settlers 
under the homestead laws, and a repeal of the law providing for 
the sale thereof. 1 

GREENBACK STATE CONVENTION, 1882 
Fort Worth, June 29 and 30 

One hundred and forty delegates, representing about thirty coun- 
ties of North and Central Texas, assembled at Fort Worth June 
29, 1882. On June 28, ex-Governor Davis, chairman of the Republican 
State executive committee, published a call for a convention; in it he 
suggested that all elements opposed to the Democrats unite in support- 
ing independent candidates, and that the Republicans refrain from put- 

'Ibid., 198-201; The Texas Capital (Austin), June 28, 1880. 



Education in Texas 777 

ting a State ticket in the field. This same proposition was the great 
issue before the Greenback convention. 

STATE POLICY 

1. We declare that the Democratic party was put into power 
to right the wrongs inflicted upon us by the Republican party, 
which wrongs consisted in part in involving the State in debt and 
in granting enormous subsidies to corporate monopolies. 

2. That the Democratic party has betrayed its trust. It has 
doubled the debt. It has exempted the lands of the International 
Railroad from taxation, in violation of the constitutional pro- 
vision that taxatiton shall be equal and uniform, and exempted 
said railroad company from the constitutional requirements of 
locating alternate sections for the benefit of the common school 
fund It has robbed the public school fund and our peo- 
ple of homes; .... refused to make the constitutional appro- 
priation for the support of public schools upon the false plea of 
insufficient revenue: 



we call upon all true Democrats and Republicans to join with us 
in an attempt to establish in this State an administration 
. . . . in favor of an efficient system of public schools and 
the appropriation of one-fourth of the general revenue therefor, 
and an increase of the scholastic age from seven to eighteen 
years, and in favor of an honest, economical, and progressive 
administration. 1 

DEMOCRATIC STATE CONVENTION, 1882 
Galveston, July 18-21 



PLATFORM 



Ubid., 206-208; Dallas Herald and The Galveston News. 



778 University of Texas Bulletin 

9. We declare that a liberal provision should be made to en- 
dow with the public lands set apart for the payment of public 
debt — or the proceeds of the sale of the same — the State Univer- 
sity and its branches, but in no case should any portion of the 
common school lands or fund be used for this purpose. We fur- 
ther declare that the debts due the University and common school 
funds of Texas, denominated as of doubtful validity, should be 
recognized and paid, with the interest due thereon. 

10. We favor the fullest education of the masses, white and 
colored, in separate common schools, and the advanced education 
of the youths of the country in our higher schools and State Uni- 
versity. We favor the maintenance of normal schools for the in- 
struction of teachers. 

11. We favor the submission to the people, of a constitutional 
amendment authorizing the levy and collection of a special school 
tax, separate from the general revenues, to the end that an effi- 
cient system of public free schools may be maintained, and that 
the State taxes may be reduced to the actual necessities of the 
State government. 

12. We favor the protection of the public school lands of the 
State from waste and sacrifice, and pledge ourselves to secure re- 
turns from said lands, commensurate with the real value of the 
same. 1 

TEXAS STATE GRANGE, 1882 
Belton, August 8-12 



DEMANDS 



2. That it is the sense of the Texas State Grange that our 
State legislature should enact such laws as will make our free 
school system more effective, so that the free school term may be 
extended at least to eight months in the year; that the public 
lands set apart to it be kept intact from every encroachment and 



1 Ibid., 208-211; Galveston Daily News. 



Education in Texas 779 

as speedily as practicable made available for their intended "use ; 
that we, as an organization, will labor by the use of all proper 
effort to bring about such result. 

3. That the elementary principles of the science of agricul- 
ture should be taught in the rural schools, and we will labor to 
secure the same to be done by the necessary legislation therefor 
(p. 26). 1 

REPUBLICAN STATE CONVENTION, 1882 
Austin, August 23 and 24 

In his address to the delegates, Chairman Davis referred to his rec- 
ommendation to the convention of 1880, and to his call of June 28th last, 
and repeated that it was his judgment the Republicans ought not to 
nominate a State ticket but support acceptable independent candidates. 
About four hundred delegates were present; half of them were colored. 



PLATFORM 

1. We favor an amendment to the constitution directing the 
levy and collection of a special school tax, sufficient in the mini- 
mum amount, together with other moneys accruing to the school 
fund, to maintain free schools for ten calendar months in the 
year, in all communities where there is sufficient scholastic popu- 
lation. 



5. We believe that the school and University lands should be 
sold only to actual and bona fide settlers at current market 
values, and on long time, with a reasonable rate of interest, and 
in parcels not exceeding six hundred and forty acres for farming 
and grazing lands, and in large bodies for purely grazing lands. 

6. We believe that such endowments as have been made to the 
University should be husbanded and strictly applied to the main- 
tenance of the same, but that no further endowments should be 



x Ibid., 211-212; Proceedings of the Eighth Annual Session of the Texas 
State Grange, held at Belton, Texas, August, 8, 9, 10, 11 and 12, 1882. 



780 University of Texas Bulletin 

made to the University until the State shall have perfected a 
thorough system of public free schools. 

ADDITIONAL RESOLUTION 

(15) That we ask the next legislature to extend the scholastic 
age from six to eighteen. 1 

REPUBLICAN STATE CONVENTION, 1884 
Fobt Worth, April 29-May 1 

PLATFORM 



4. That free schools are essential to the life and prosperity of 
the State and Nation, and we greet with approbation the bill that 
lately passed the Senate of the United States to distribute over 
seventy million dollars in aid of such schools, and condemn the 
course of our senators in opposing said bill. 

5. We demand that the thirty million of acres of land belong- 
ing to the school fund in Texas shall contribute at once, by a sys- 
tem of lease to the highest bidder, to the education of the chil- 
dren of the State, and demand that not one acre of said land shall 
be leased at less than the present rates. 



7. That we are unalterably opposed to the further squandering 
of the public lands of Texas, and in favor of reserving those re- 
maining to the State, the free schools and the asylums, for sale to 
actual settlers in quantities sufficient for homesteads. 

8. That while we deprecate the action of the Democratic party 
in squandering the public lands upon railroads and individuals, 
notably in the case of the Texas & Pacific and International rail- 
roads, in selling millions of the school lands at one dollar per 
acre, and of the public lands at fifty cents, most of which was 
acquired by corporations and speculators to the detriment of the 
best interests of the State, yet we can not condemn in too strong 



l Ibid., 212-214; The Galveston Daily News. 



Education in Texas 781 

language the bad faith of the party in attempting to destroy the 
titles it had created after they had vested and the lands had risen 
in value, through smelling boards and their vicious reports so 
hurtful to the fair fame and good name of the State, at home and 
abroad. 

9. That we disapprove the course of the present Democratic 
administration of Texas in loaning the school fund (the chil- 
dren's money) to the various counties of the State; that the party 
squandered enough of the school fund during the late war to have 
learned wisdom by experience ; that we apprehend a fruitful 
brood of evils in the near future from the reckless course it is 
pursuing. 1 

DEMOCRATIC STATE CONVENTION, 1884 

Fort Worth, June 11 and 12 

PLATFOHM 

5. While we favor the education of the masses by every legiti- 
mate means, yet we regard the educational bill pending in Con- 
gress, which proposes to appropriate money from the Federal 
treasury to educational purposes within the States, as an uncon- 
stitutional and dangerous encroachment upon the rights of the 
States, and as another great step towards the centralization of all 
power in the Federal government and .the destruction of the Re- 
public, and we heartily indorse the action of our senators in 
opposing the passage of the bill. 2 

BURLESON'S LETTER TO ROBERTS 

EUPUS C. BURLESON, D.D., LLD. 

Dr. R. C. Burleson was President of Baylor and Waco Universities 
for over forty-five years. 

Waco University, Waco, Texas, April 29, 1879. 
Governor 0. M. Roberts, Austin, Texas : 

Dear Sir : — Your telegram requesting the public use of my let- 



Hbid., 215-217. 

2 Ibid., 217-220; Fort Worth Daily Gazette. 



782 University of Texas Bulletin 

ter on free schools was received yesterday at Dallas. You are 
fully authorized to use any letter of mine which you think will, 
inure to the public good. I never write anything I am not 
ready to avow and defend semper et ubiqur. But as that letter 
is a mere outline or summary of conclusions reached in our pro- 
tracted interview; it may be liable to misconstruction; hence I 
sent you a fuller statement of my views on this great subject: 

First — I am profoundly concerned for our educational interest, 
and as free schools lie at the foundation of practical and uni- 
versal education, as well as the prosperity of our colleges and uni- 
versities, I am their friend and advocate. The history, constitu- 
tion and laws of Texas for forty years demand free schools ; the 
highest interests of Texas, socially, politically and financially all 
demand an efficient system of public education. 

Second — But the present system of free schools is not what the 
interests and the constitution of Texas demand. It is a failure 
and a prodigal waste of at least $800,000 of the people 's money ; 
and if continued, will, in a few years, disgrace the Democratic 
party and destroy our hopes of making Texas the banner State 
between the oceans. 

Third — Some of us, at your request, have strained every nerve 
and spent days and nights of toil to remodel the system and make 
it economical, efficient and a blessing to Texas. Such a system 
as your Excellency could approve, and the people gladly sustain. 
But, alas ! Many of our people, and some of our officials, have no 
higher idea of free schools than a cheap charity school, paid for 
by other peoples' money. They seem not to know that the only 
system of Free Schools a State can sustain in law or justice, must 
have these four essential elements. 1. Thorough combination or 
association. 2. Rigid economy. 3. Strict supervision. 4. Great 
efficiency. 

Another great aim of Free Schools must be to improve teachers 
in the science and art of teaching and elevating the profession 
of teaching. All these great ends I find fully attained in the 
Public Schools of St. Louis, Cincinnati, Charleston, Richmond, 
Philadelphia, Newark, New York and Boston. 

But who will dare claim that a single one is attained in our 
system? Our system has no combination, no adaptation, no 



Education in Texas 783 

economy, no supervision, and consequently no efficiency; and 
instead of elevating the character and profession of teaching, 
is drawing from the State and profession our best teachers, and 
raising up an army of "pedagoging tramps," as numerous and 
as hungry as the locusts of Egypt. Our people do not com- 
prehend what that great and good man, Dr. B. Sears, who 
traveled 1,000 miles to help us renovate our system, said: "Have 
good Free Schools or none. Poor Free Schools destroy private 
schools and supply nothing in their place." 

"I feel personally sensitive in the failure of our Free School 
system. For on the accession of the Democrats to power by the 
election of our friend, Governor Coke, I found the people 
chafing and maddened under the Davis-DeGress system, and 
ready to proclaim an elimination of the whole system as an off- 
shoot of radical misrule. 

Wishing to remove such false views and utilize the grand 
fund which our hero founders and fathers had provided for the 
youth of Texas, I consented to leave my home and my life work 
in Waco University. I pled for Free Schools in the county seats, 
and in the Colleges and Universities of over 100 counties in 
Texas. I everywhere pledged the people that the party in power 
would remodel the whole system and so adapt it to Texas, as to 
make it a blessing to the 360,000 children of Texas within the 
scholastic age. 

But these pledges have not been redeemed, yet I never despair 
of the Republic or any good cause. Rome was not built in a 
day, nor have our majestic live oaks grown up like Jonah's 
gourd in a night. It took centuries to develop their giant 
girth. We must, with God-like patience, learn to labor and to 
wait. 

But I utterly despair of any legislative body in Texas, in the 
next twenty-five years, giving us just the school system adapted 
to our diversified wants. 

This work can only be done by selecting a committee of at 
least three of our greatest practical educators, three of our most 
eminent jurists, three of our most eminent bankers or financiers, 
and give them time and power to remodel the whole system from 
turret to foundation stone; give them means to procure books 



784 University of Texas Bulletin 

and school reports, and visit, if need be. the most successful free 
schools in the United States, especially the West, where the 
sparseness and diversity of population is similar to ours. 

Such a committee, if wisely selected can, with one-tenth of the 
State revenue, and with provision for local taxation, inaugurate 
a system of free schools adapted to Texas, and capable of enlarge- 
ment as our population becomes denser. 

Such a system in five years will be the pride of all Texas and 
repay the expenses of such a committee even in the item of immi- 
gration. 

Neither the present, nor the Davis-DeGress system, is so well 
adapted to Texas as the old system prior to 1861. 

That was wholly inexpensive and did educate every orphan and 
every indigent child in a good private school ten months in the 
year. Yet our present wants demand something more than that 
system. But what to do in the present attitude of affairs is the 
vexed problem. 

If you veto the present school appropriation bill a wild clamor 
will be raised against you, and the Democratic party. And be- 
sides, it would be a real public calamity to withdraw all aid from 
such cities as Dcnison, Brenham, Houston, San Antonio and oth- 
ers, where the free schools by local legislation have become the 
blessing and pride of the people. But still the stern old maxim 
confronts us, that "It is a robbery and fraud to tax a man and 
take away his money for any other than the public good. ' ' 

No man can defend public schools sustained by taxation ex- 
cept on the ground that they increase the virtue and intelligence 
of the people, and thereby give greater security to life, liberty 
and the pursuits of happiness, and that it is cheaper to build 
school houses to restrain crime than it is to build jails and gal- 
lows for criminals. I advocated free schools solely as a police 
force to prevent crime and thus protect the lives, property and 
liberties of the people. And I hold it evident, that the history 
of Germany, France, England and America demonstrated the 
great fact, that the schools, if properly conducted, afford a 
cheaper and safer protection against crime than sheriffs, stand- 
ing armies, jails and penitentiaries. 

The State has no right to tax one man to bestow a charity on 



Education in Texas 785 

another man's child, nor to waste it on a doubtful scheme. But 
the State has a "divine right" to tax every man to so educate 
the rising generation — to insure every man's property, person 
and liberties, to protect them more securely. This is old-fash- 
ioned democracy as taught by Jefferson himself. But the sen- 
timental cant about "the State owing to every child an educa- 
tion ' ' savors of agrarianism and would plunge this nation into 
the vortex of communism in twenty-five years. And it is high 
time to eliminate from government all these dangerous tenden- 
cies. 

The logical question then remains, does the $100,000 expended 
annually on our free schools so educate the rising generation as 
to protect the life, liberty and property of the taxpayer? 

It is confessed on all hands, that three-fourths to nine-tenths 
are wasted on a defective system. Then it ought on every prin- 
ciple of logic and good government to cease. It may not be 
good "party policy" to veto the bill. It may be dangerous to 
arouse the prejudices of the three great classes : First. Th" 
demagogue; second, the unthinking, and lastly, the sincere but 
mistaken advocates of Free Schools. But in a public life of 
nearly forty years I have found it safe to ask but one question : 
Is it right? And then do right and leave the consequences to 
God. 

Trusting you will be able to do all that will promote the good 
of the State we love so well and have served so long. 
I am, as ever, yours truly, 

Rupus C. Burleson. 1 

SAM HOUSTON NORMAL 

AN ACT TO ESTABLISH A STATE NORMAL SCHOOL 

Section 1. Be it enacted by the Legislature of the State of 
Texas, That there shall be established in this State, a State nor- 
mal school, to be known as the "Sam Houston Normal Insti- 
tute," in honor of Gen. Sam Houston, the father of Texas; and 
said institute shall be located at the college formerly known as 
the 'Austin College," at Huntsville, in Walker County; pro- 

'The Life and Writings of Rufus C. Burleson, D.D., LL.D., 362-366. 



786 University of Texas Bulletin 

■vided, that the citizens of Huntsville shall, within sixty days 
from the passage of this act, convey to the state for the purposes 
of said school a valid title to said Austin College, and the grounds 
belonging thereto ; said conveyance to be approved by the gov- 
ernor and attorney general. 

Sec. 2. The board of education shall have possession and 
charge of said institute on the state's receiving a conveyance of 
the same, and on or before the first day of September next said 
board shall put into operation a normal school, which shall be 
conducted in a first-class manner, and under such rules and regu- 
lations, as to the government and discipline thereof, as may be 
prescribed by said board. 

Sec. 3. Not less than two students from each senatorial dis- 
trict, and six from the state at large, shall be received in said 
institute, as state students, who shall receive tuition, board and 
lodging free, to the extent of the appropriation that may be 
made, but in no case shall the current expenses of the institute 
exceed the sum or sums appropriated. The board of education 
shall make all necessary rules and regulations for the admission 
of students, and the manner of their appointment or selection. 
No student shall be received who is not a resident of this state, 
and at least of the age of sixteen years, and of good moral char- 
acter. 

Sec. 4. All students attending said institute at expense of the 
state, as provided in the foregoing section, shall sign a written 
obligation, in a book, to be kept at the institute for that purpose, 
binding said students to teach in the public free schools of their 
respective districts at least one year next after their discharge 
from the normal school, and as much longer than one year as the 
time of their attendance at said school shall exceed one year; 
for which teaching said student shall receive the same compen- 
sation allowed other teachers of said schools, and said board of 
education shall make rules by which students may receive cer- 
tificates of qualification as teachers authorizing them to teach 
without further examination. 

Sec. 5. The board of education may authorize o + her students 
to be admitted into said institute, who shall be required to pay 
tuition, in whole or in part, as may be prescribed by the board. 



Education in Texas 787 

Said board shall appoint the teachers of said institute and fix 
their salaries, not to exceed two thousand dollars for the prin- 
cipal and fifteen hundred dollars for assistants. 

Sec. 6. The board of education shall appoint a local board 
of three directors, who shall hold frequent meetings at the insti- 
tute, have general supervision of the buildings and grounds, and 
shall perform such other duties pertaining to the institute, and 
make such reports to the board of education as said board may 
require. Said directors shall each receive an annual salary, not 
to exceed one hundred dollars, to be paid out of the fund here- 
inafter appropriated. 

Sec. 7. It shall be the duty of the comptroller of public ac- 
counts, annually, to set apart, out of the available free school 
fund, the sum of fourteen thousand dollars for the support of 
said normal school, and place the same to its credit, and which 
may be drawn upon by the board of education, for the current 
expenses of said school, on vouchers audited by said board or 
approved by the governor and attested by the secretary; and 
on filing said vouchers the comptroller shall draAV his warrant 
on the state treasurer for the same. The board of education is 
authorized to receive from the agent of the trustees of the Pea- 
body education fund such sum as he may tender for the aid of 
said institute, and shall disburse the same in such manner as 
will best subserve the interests of said institute. 

Sec. 8. The importance of the early establishment of a state 
normal school, and he near approach of the adjournment of the 
present session of the Legislature creates an emergency and im- 
perative public necessity for this act to take effect at once, and 
for the suspension of the rule requiring bills to be read on three 
several days, and it is therefore enacted that said rule be sus- 
pended, and that this act take effect and be in force from and 
after its passage.* 

Approved April 21, A. D. 1879. 

Takes effect ninety days after adjournment. 1 

LAW GOVERNING VOTING OF TAXES IN CITIES AND TOWNS 

Chapter LIX. An act to amend chapters 5 and 11, of title 

'Gammel's Laws of Texas, Vol. 8, (1482-1483); General Laws of the 
State of Texas, passed at the Regular Session of the Sixteenth Legis- 
lature, 182-183. 



788 University of Texas Bulletin 

17, of the Revised Civil Statutes of the State, relating to charters 
of cities and towns, and towns and villages, so as to authorize 
the levy of a tax for the support of public free schools, under 
certain circumstances. 

Section 1. Be it enacted by the Legislature of the State of 
Texas, That chapter 5 of title 17, of the Revised Civil Statutes 
of this State, shall be amended by adding thereto another article, 
which shall read as follows : 

"Article 425a. The city or town council, whether incor- 
porated under the provisions of this title or by any act of the 
Congress of the Republic, or the Legislature of the State of 
Texas, shall have power, by ordinance, to annually levy and col- 
lect not exceeding one-half of one per cent, ad valorem taxes, 
for the support and maintenance of public free schools in the 
city or town, where such city or town is a separate and inde- 
pendent school district; provided, that no such tax shall be 
levied until an election shall have been held, at which none but 
property tax payers, as shown by the last assessment rolls, who 
are qualified voters of such city or town, shall vote, and two- 
thirds of those voting shall vote in favor thereof. The propo- 
sition submitted may be for a tax not exceedng one-half of one 
per cent., or it may be for a specific per cent. ; one election, and 
no more, shall be held hereafter in any one calendar year to 
ascertain whether a school tax shall be levied ; if the proposition 
is carried the school tax shall continue to be annually levied and 
collected for at least two years ; and thereafter, unless it is dis- 
continued, at an election held to determine whether the tax 
shall be continued or discontinued at the request of fifty prop- 
erty tax payers of such city or town; when the tax is continued 
no election to discontinue it shall be held for two years; when 
the tax is discontinued no election to levy a tax shall be held 
during the same year." 

Sec. 2. That chapter 11, of title 17, of the Revised Civil Stat- 
utes of this State, shall be amended by adding thereto another 
article, which shall read as follows : 

"Article 522a. The board of aldermen shall have power, by 
ordinance, to levy and collect ad valorem taxes, for the support 
and maintenance of public free schools, under the rules, regula- 



Education in Texas 789 

tions and restrictions prescribed in article 425a, chapter 5, of 
this title." 

Sec. 3. The prospect of an early adjournment, and the neces- 
sity for rendering the statutes unambiguous, and placing the 
support of free schools on a firm basis, creates a necessity and 
emergency that the rule requiring this bill to be read on three 
several days be suspended ; and it is suspended ; and that this 
act take effect from and after its passage ; and it is so enacted. 

Approved March 26, 1881. 

Takes effect from passage. 1 

AN ACT 
PROVIDING LANDS FOR COUNTIES TO BE ORGANIZED 

Section 1. Be it enacted by the Legislature of the State of 
Texas, That the governor, comptroller, treasurer of the state, 
attorney general, and commissioner of the general land office, 
are hereby constituted a board to contract with some suitable 
person or persons to survey and to return to the general land 
office the field notes and plats of three hundred leagues of land 
from any of the unappropriated public domain within the State, 
or any of the reserves made by act of the Legislature of July 
14, 1879, which shall constitute a reservation out of which each 
of the unorganized counties of this State, as it may be organized, 
shall be entitled to four leagues of land for free school purposes. 
The contract shall be let to the lowest and best responsible bid- 
der, after advertisement in one newspaper published in the 
city of Austin, and one published in the city of Galveston, and 
one in the city of Dallas, and one in the city of San Antonio, 
for four successive weeks, for sealed proposals. All bids shall 
be filed in the office of the comptroller of the state, and shall be 
by him safely kept until the time designated in the advertise- 
ment for opening sealed bids and awarding said contract. 



Approved March 26, 1881. 

Takes effect ninety days after adjournment. - 



'Latcs of the State of Texas, passed at the Regular Session of the 
Seventeenth Legislature, 1881, 63-64. 
-Ibid., 65-67. 



790 University of Texas Bulletin 

TOWNS AND VILLAGES ALLOWED TO INCORPORATE 

Chapter CII. An act to amend chapter 11, title 17, of the 
Revised Civil Statutes of the State of Texas so that towns and 
villages may be incorporated for free school purposes only. 

Section 1. Be it enacted by the Legislature of the State of 
Texas, That chapter 11, title 17, of the Revised Statutes of- the 
State of Texas be amended by the addition of the following 
articles : 

"Article 541a. Towns and villages authorized to incorporate 
under this chapter, or having two hundred inhabitants or over, 
not desiring to incorporate for municipal purposes, may incor- 
porate for free school purposes only, and when so desiring, an 
election may be held under the provisions of this title and chap- 
ter, and if at said election a majority of the votes cast be in 
favor of the corporation, it shall be the duty of the county judge 
to make return thereof and cause a record of the result of such 
election to be made the same as is provided by articles 512 and 
513 of this chapter, upon which entry being made such town 
or village shall be regarded as duly incorporated for the purpose 
of establishing and maintaining a free school therein, and shall 
upon notice to the state board of education by the board of 
trustees hereinafter provided for, receive such pro rata share of 
the available school fund as its scholastic population may entitle 
it to. 

"Article 541b. Upon the entry of record, as provided for 
in the preceding article, it shall be the duty of the county judge 
to forthwith order an election of five school trustees for such 
town or village so incorporated for school purposes, who shall 
be elected in the same manner and at the same time and whose 
term of office shall be the same as provided in this chapter for 
the election and term of office of mayor and aldermen. 



Sec. 2. There being many unincorporated towns and vil- 
lages in the State that desire to incorporate for free school pur- 
poses only, and it being important that such incorporations 
should be duly organized and ready for taking charge of their 



Education in Texas 791 

schools before commencement of the next scholastic year, there- 
by creating an emergency that this act take effect from and 
after its passage, and it is so enacted; and the near approach of 
the close of the session of the Legislature and the great amount 
of business now pending creates an imperative public necessity 
justifying the suspension of the constitutional rule requiring 
this bill to be read on three several days, and said rule is sus- 
pended. 

Approved April 6, 1881. 

Takes effect from passage. 1 

EVOLUTION OF EDUCATIONAL OPINION 1876 TO 1884 
1. PRELIMINARY SKETCH OP SCHOOL SYSTEM 



The Republican party at once began an extended system of 
public schools, and rapidly organized white and colored schools, 
throughout the State. They laid the foundation for the school 
system of today. But their efforts were met with strong oppo- 
sition. This opposition arose from the high taxes that were 
levied for the support of schools; and from the general belief 
that the establishment of public schools was intended to more 
closely ally to Republican ranks, as political partisans, the ne- 
groes, who were eager for learning, as the requisite needed to at 
once place them on a level with the white people. The country 
was filled with itinerant, strange teachers; the Department of 
Education was administered by numerous, well paid officers in 
every county; and high taxes were demanded for their support. 
It is not surprising that a deep-rooted prejudice should have 
been engendered in the minds of the masses of white people 
against public school establishments, conducted on the extrava- 
gant plans that were projected by the Republican party. The 
Central Board, consisting of the Governor, Superintendent of 
Public Instruction and Attorney General, had almost plenary 
powers und^r the law; and, as a Triumvirate, so shaped their 



*IMd., 114-115. 



792 University of Texas Bulletin 

action as to create prejudices that it has required years to re- 
move. 

So far had these prejudices advanced, that, in 1874, when the 
Democratic party took charge of the State Government, it was 
with difficulty that meagre appropriations could be secured for 
the maintenance of the Department of Education; and pro- 
visions were made for its support on only a limited scale. 

2. SUPERINTENDENT HOLLINGSWORTH 's WORK. 

Superintendent Hollingsworth, who went into office in 1874, 
labored assiduously during the years of his administration to 
restore confidence; but in 1876 the Office of Superintendent of 
Public Instruction was abolished — the Constitution submitted 
for adoption by the People in that year not making provision for 
its continuance. The organic law provided that the Governor, 
Comptroller and Secretary of State should constitute the State 
Board of Education, and distribute the School fund, and per- 
form such other duties, in relation to the Public Schools, as might 
be provided by law.- The School Law of 1876 had for its leading 
feature what was known as the "School Community" system as 
its basis. This system is too well understood to require expla- 
nation, having been in force for eight years over the whole State ; 
and being still the system in ninety-five counties. The Act of 
1876 provided for the appointment of a Secretary of the Board 
of Education — appointed by the members of the State Board of 
Education. The office, although dignified by the law as a Sec- 
retaryship, was nothing more than a mere clerkship under the 
Board of Education. Numerous questions were constantly 
submitted for adjustment; and the result was that either daily 
sessions of the Board were necessary, or the Secretary of the 
Board must be allowed discretion, governed, of course, by general 
rules or principles laid down. The discretion gradually extend- 
ed, owing to inconvenience of securing matured deliberations 
from the Board of Education, engrossed as its members were in 
the grave duties of their offices, until the administration of 
school affairs, in a measure merged under the control of the 
Secretary of the Board. 

Mr. Hollingsworth was appointed Secretary of the Board of 



Education in Texas 793 

Education in 1876 and continued in office until January, 1883. 
He labored with untiring zeal from the dark days of 1874, when 
the cause of Public Free Schools found but few friends, until 
the close of his connection with the School Department — nine 
years — to restore, or build up popular sentiment in favor of 
Public Free Schools, on a firm basis. The friends of popular 
free education have not forgotten the times when the School 
Department was sneered at as a relict of what was termed "Radi- 
cal Rule." Even its postage appropriation was allowed on the 
most urgent lobbying by the Chief of the Department. Poli- 
ticians whined out the then popular cry of "What right has 
the State to tax one man to educate another man's children?" 
The arguments on this popular dilemma were the common 
talk of the politicians. Without tracing the change of senti- 
ment, or endeavoring to explain as to whether the change arose 
from conviction of the politicians, or from the discovery of the 
popular sentiment that was in favor of Public Free Schools, 
the dilemma was dropped. One by one, or in groups, the poli- 
ticians changed tactics. Some of the loudest opponents to pub- 
lic schools for a time were silenced; and when they ventilated 
their opinions again they were strongly flavored with the most 
liberal free school doctrines. The records of the times give some 
notable examples of changes of sentiment, that serve to show 
either the inconsistency of the modern politician's doctrines 
from year to year, when public opinion is to be faced, or they 
show the struggle of a good cause that carries conviction to the 
candid examiner who is in search for truth. One fact is cer- 
tain, the expressed sentiment in 1874 and the sentiment in 1886 
in regard to Public Free Schools are as differently flavored as 
though a new race had sprung up on Texas soil — educated under 
a different system and indoctrinated with different ideas — teach- 
ing a new philosophy of government. 1 



1 8upt. Baker's Administration, in Texas Review, Vol. 1, July, 1886, 
703-706. 



CHAPTER VII 

FINAL TRIUMPH OF THE STATE SCHOOL 
SYSTEM, 1883-1890 

Some of the most significant steps of progress found in this period 
of our educational history. In 1833, by popular vote the Constitution was 
amended by permitting the adoption of the district system. This amend- 
ment carried with it the right of local taxation in common school 
disricts, a privilege enjoyed in the cities and towns for some years. 
The amendment marks the end of the long struggle against local 
taxation for educational purposes, and at the same time signifies 
the triumph of the new political philosophy of the organic character 
of the state. The new school law of 1884 created the office of State 
Superintendent. Three years later the County Superintendency was 
made optional in the populous counties. Thus began the move- 
ment for professional supervision. From 1884 the development of 
Texas Education has been a steady growth without any of those cata- 
clysmical disturbances which had formerly annihilated the various 
attempts to establish a state school system. Districts now began to 
put up permanent buildings; private schools gracefully yielded to the 
new system; teachers were more enthusiastic in their professional 
organizations, seeking new methods and ideas; the graded system was 
everywhere adopted in the towns and cities; and the High School was 
made a permanent feature of the various city and town systems. 
The literature on this period is extensive and readily obtainable. Only 
a few sources are, therefore, given here. 

INAUGURAL ADDRESS 

Delivered in Joint Session of the Eighteenth Legislature, 
January 16, 1883. 

Gentlemen of the Senate and House of Representatives, and Ladies and 
Gentlemen: 



Prominent among' the subjects that will challenge the atten- 
tion of this administration are: 

The preservation of onr common school fund, including the 
lands set apart for that purpose, and the improvement of our 
school system. 



Education in Texas 795 

It seems to be admitted by all that the Constitution should be 
so amended as to permit the Legislature to levy and collect a 
school tax, without reference to the amount of the general reve- 
nue that may be necessary. 

Another amendment to that instrument will be necessary with 
reference to the school fund. — 

The permanent fund belonging to the common schools can 
only be invested in bonds of the Federal agency and of the 
State. 

The United States are refunding at so low a rate that their 
bonds are not desirable for that purpose, and very soon we hope 
the State will have no bonded debt outstanding, and we must 
therefore seek some other mode of investing our permanent 
school fund. 

. Shall we guard, protect and increase this fund as a sacred 
trust, or shall we throw it away by paying forty per cent 
premium for an investment? 

The University was early contemplated by those who have 
gone before. No one questions the usefulness or propriety of 
such an institution, and we suppose a retrograde movement, with 
reference to it, is not contemplated. 1 

MESSAGES OF GOVERNOR IRELAND 
John Ireland was Governor from 1883 to 1887. 

Executive Office, Austin, January 29, 1883. 

To the Senate and House of Representatives : 

Gentlemen : — I respectfully invite your attention to the sub- 
jects hereinafter referred to : 

THE LANDS SET APART FOB EDUCATIONAL PURPOSES 

In view of the difficulties in finding safe and desirable invest- 
ments for the proceeds arising from the sale of these lands, I sub- 
mit to your honorable bodies whether it will not be best to place 
them on the market at a long credit, say twenty years. The 



1 Inaugural Address of Governor John Ireland, delivered in Joint Ses- 
sion of Eighteenth Legislature, January 16, 1883, 4. 



796 University of Texas Bulletin 

whole subject is fraught with difficulties, but after mature de- 
liberation, I am of opinion that a sale on long time is desirable. 
If the two houses shall concur in this opinion, I suggest that min- 
imum prices be fixed, below which they should not be sold, and 
that books be opened for bids, which shall remain open, subject 
to the inspection of all, and at the expiration of six (6) months, 
or such time as may be fixed, the lands be awarded to the highest 
bidder. The law should also require a payment in advance equal 
to one (1) year's interest, and should be so framed in other re- 
spects as to create forfeitures on the parties' failure to pay into 
the treasury all interest and principal promptly when due. I 
deem it proper, also, to state that the law should so provide that 
the lands shall be sold in quantities so as to place them within 
the reach of all. If any person shall want more than any one 
quantity sold, he can purchase other tracts. Safeguards should 
also be made against allowing water fronts and privileges being 
taken up without a corresponding quantity of other lands. Should 
water fronts and privileges be absorbed, leaving the bulk of other 
lands unsold, they would realize very little. 

1 1 is believed that an interest can be derived from this mode of 
disposing of the lands equal to any that can be had from any 
other source, and all questions about a safe investment are there- 
by settled. I deem it unnecessary to enter into the details of a 
bill on this subject, still I may say I don't think the minimum 
price of these lands should be less than two dollars ($2.00) per 
acre. With reference to the pine lands, or those not desirable 
for pastoral or agricultural purposes, I submit whether a sale of 
the timber alone is not the best disposition that can be made of 
them. 

If these lands are offered in quantities that will place them 
in reach of all, and the fact of their being placed on the market 
published in such manner that all the world may know of it and 
be able to compete for it, will largely enhance the value and in- 
duce immigration. 



Education in Texas 797 



FREE SCHOOLS 



Where experience has shown defects in our school system, it 
should be improved. It will be found that the system of school 
communities and local control is at least the most satisfactory. 
The responsibility of levjdng, collecting and disbursing shoiuld be 
left as much as possible with the people, The whole question is 
then immediately before them, and if the property of the country 
has the power to tax itself and manage the funds thus raised, it 
is apt to be honestly done, and to their own liking. This sugges- 
tion of course goes beyond the general fund that may be pro- 
vided by the State. 

It is understood that your honorable bodies have under con- 
sideration proposed amendments to the Constitution relating to 
"this subject. 

From the best data before us it is believed that the State can 
pay for four and three-fifths, possibly five, months schooling for 
each child in the State within scholastic age. I can see no 
reason why other localities than those now embraced by the law 
should not be allowed to levy and collect an additional tax for 
the purpose of aiding the State in its efforts at giving the people 
an education. If the right to levy this tax by localities is con- 
fined to property holders, there can be but little danger of its 
abuse. 

The Constitution cannot be amended so as to allow a separate 
school tax to be collected so as to be available under three years. 

I do not doubt but that every dollar of the available fund, in- 
cluding the one-fourth (Vi) °f the general revenue, will be 
utilized by your honorable bodies for the education of the youth, 
and that the necessary constitutional amendments will be sub- 
mitted to the people. 

I am clearly of opinion that the State, with a little aid from 
communities, should be able to increase the scholastic months 
from three, to five, six, or more. 



798 University of Texas Bulletin 

THE AGRICULTURAL AND MECHANICAL COLLEGE 

There lias been from the very beginning a popular prejudice 
against this institution, but the foundation for a splendid insti- 
tution of learning is there ton deeply laid to allow us to falter, 
and I hope this institution, as well as the normal schools, will 
receive at your hands all the attention that is required to make 
them progressive. The college will require an appropriation. 

I also submit that some change should be made in the institu- 
tion with reference to the students that are admitted. 

If the children and wards of persons amply able to give them a 
good education only are to be admitted or entered at the school, 
it is respectfully submitted whether it should not be made self- 
sustaining, or largely so. 



Very respectfully, 

Jno. Ireland. 1 

Executive Oefice, 

Austin. Texas, January 8, 1884. 

Gentlemen of the Senate and House of Representatives: 



FREE SCHOOLS 

The amendment to the Constitution adopted by the people ne- 
cessitates some changes in the present school law. The report of 
the Board of Education, and. the report of Hon. B. M. Baker to 
the board, has been printed and will be presented for your con- 
sideration. In them yon will find much valuable information 
and suggestions that will doubtless aid you in the solution of the 
important matter. 

It will be seen that in many counties money apportioned for 
educational purposes has not been used, and I recommend that in 
such cases, that in future apportionments, such counties or dis- 
tricts be charged with these unappropriated funds, or that they be 



y House Journal, January 29, 1883, 87-89. 



Education in Texas 799 

returned to the treasury. I recommend that the chief officer of 
the Educational Department, not including the Board of Educa- 
tion, be styled the Superintendent of Education; that he have 
such powers and perform such duties as may be prescribed by 
law or the Board of Education, and that his appointment or elec- 
tion be provided for. 

Authority should be lodged somewhere to divide the counties 
into convenient districts, to be as near permanent as possible, 
thus enabling and encouraging the people to erect permanent and 
comfortable school buildings. School houses properly construct- 
ed and conveniently located is one of the most effective modes of 
encouraging and insuring regular schools. 

It is especially desired that provision be made for a more rigid 
examinatiton of applicants to teach, as to character, fitness and 
acquirements. 

Should the counties be divided into districts, local trustees 
should be elected in each district and the general management 
and control of the school confided to this board. No more effi- 
cient way of promoting school interests can be suggested than to 
enlist the patrons in their management under a general system 
of laws. 

Sometimes matters might not please all; but, at last, if each 
community succeeds in pleasing itself, others may well be content. 

Whether or not the time has arrived to authorize districts to 
levy a tax, and, if so, to what, extent, is submitted to your sound 
discretion. 

As a means of forcing the teachers to make regular reports, so 
as to enable the counties to forward their reports to the Educa- 
tional Department, the law should forbid payments to teachers 
until their reports shall have been made. 



INVESTMENT OF THE SCHOOL FUNDS 

Inasmuch as the Legislature submitted an amendment to the 
Constitution, which was adopted in August last, providing that 
the Board of Edacation should invest the permanent school fund 
in United States, State or county bonds, "and in such other se- 



800 University of Texas Bulletin 

curities and under such regulations as may be prescribed by law,' : 
I have deemed it proper to give the Legislature a chance to say 
whether or not other securities than those named should be pur- 
chased. 

It is proper to observe that the Board of Education, since the 
adoption of the amendment, has invested $1,355,748.92 of the 
school fund in county bonds. The bulk of the amount has been 
invested in 6 per cents at par. 

I have no recommendation to make about "other securities," 
for investing the school fund. If permission is granted counties 
to fund their indebtedness, I have no doubt but that county bonds 
will absorb all the permanent school and asylum funds for years 
to come. 

In the opinion of the Board of Education, there could not be 
two bodies, each with plenary power to invest the school funds in 
United States, State and county bonds, and as this, by the Consti- 
tution, is to be done under the direction of the Board of Educa- 
tion, it was believed that the Constitution was, to that extent, 
self-acting, and no legislation was necessary ; hence the Board, in 
the interest of free schools and to save the people from taxation, 
proceeded at once to loan the permanent fund to counties, and it 
is now all invested in not less than 6 per cent, valid county bonds. 

The United States and State bonds owned by the school fund 
might be transferred to the university fund at better rates than 
could be obtained from the market, and result in advantage to 
both funds; as the school fund could be easily reinvested in 
county bonds at a better interest than it is drawing at present, 
while the university fund can only be invested in State and Fed- 
eral bonds, for which a high premium must be paid in the mar- 
kets. 1 

SCHOOL LANDS 

The bill passed by the regular session of the Eighteenth Legis- 
lature has been found to be very unwieldly, and the board has 
had great difficulty in putting it into operation. It has been 
ascertained, from experience, that the system of local agents in 



''Message of Governor John Ireland to the Eighteenth Legislature. 
Convened in Special Session at the City of Austin, January 8, 1884. 9-13. 



Education in Texas 801 

the counties was both expensive and unsatisfactory, and under 
the liberal provisions of the law, allowing the board to change 
the rules laid down in the law, many changes have been made. 

The new rules require the bidders on sales and leases to de- 
scribe, accurately, the lands they want ; and they are also required 
to swear to the correctness of the description. In this way, the 
board not only saves the enormous expense to the school fund of 
classifying the lands actually sold, but also saves the unnecessary 
expense of classifying those that no one now wishes to purchase. 

The board is not offering any watered sections for sale or lease, 
and in regions where water is very scarce it might be advisable to 
withdraw the waters and a small quantity of land from sale, per- 
manently, and dedicate them to public use. In this way, vast 
areas of dry country could be utilized that could not be if the 
few living waters there should fall into private hands. 

I also recommend the reservation of strips of land, at suitable 
intervals, for public highways, so that in future there can be 
neither trouble or expense attending the opening of roads. 

I herewith transmit for your information and consideration, a 
communication from the Commissioner of the General Land Of- 
fice, whose vast experience in such matters renders his sugges- 
tions valuable. 

TAXATION 

The amendments to the Constitution proposed by the Legisla- 
ture, submitted to and adopted by the people, so changed the law 
that one-fourth of the general revenue will no longer go to the 
support of free schools, and until additional legislation is had, 
thirty cents on the one hundred dollars will be levied and collect- 
ed for general purposes, and no part thereof will be set apart for 
the school fund. It will, therefore, be necessary to levy a specific 
tax for free schools. The amount to be levied is at your dis^cre 
tion, not to exceed the maximum named in the Constitution. 

It is suggested that with the one-fourth of the occupation tax, 
interest on bonds and land notes, and funds from other sources, 
that a levy of ten cents on the one hundred dollars' worth of 
property will be sufficient to maintain the schools the requisite 
time. 

The report of the 1 Board of Education, together with the esti- 



802 University of Texas Bulletin 

mates furnished by the Secretary, and the Comptroller's report, 
will greatly assist you in arriving at the rate of taxation abso- 
lutely necessary. 

Of course thirty cents on the one hundred dollars worth of 
property, now levied for general revenue purposes, will not be 
necessary. With the increase of taxable, values, the revenues will 
increase. Twenty-two and one-half cents has been sufficient in 
the past, and I suggest that eighteen cents on the hundred dollars 
will produce sufficient revenue, with that derived from ether 
sources, to support the government. The ensuing year will dem- 
onstrate whether it is sufficient or not, and, as the Nineteenth 
Legislature will meet a year hence, the amount can then be in- 
creased or diminished as may be found necessary. 

In arriving at the amount of tax necessary to be levied, it must 
be borne, in mind that the large expenditures for the present year, 
comprising appropriations for the North Texas and Austin Lu- 
natic Asylums, Deaf and Dumb Asylum, the Alamo, Agricultural 
and Mechanical College, and others, aggregating about a half 
million dollars, will not have to be repeated. 1 

AMENDMENT TO THE CONSTITUTION 

The amendment given below was the most important step taken in 
education for many years. 

JOINT RESOLUTION 

To amend Section 3 of Article 7, of the Constitution of the State of 
Texas. 

Section 1. Be it resolved by the Legislature of the State of 
Texas: That Section 3, of Article 7, of the Constitution of the 
State of Texas be so amended as to hereafter read as follows : 

"Section 3. One-fourth of the revenue derived from the 
"State occupation taxes, and a poll tax of one dollar on every 
"male inhabitant of this State between the ages of twenty-one 
"and sixty years, shall be set apart annually for the benefit of 
"the public free schools, and, in addition thereto, there shall 
"be levied and collected an annual ad valorem State tax of such 

Ubicl., 15-17. 



Education in Texas 803 

"an utmount, not to exceed twenty cents on the one hundred dol- 
lars valuation, as, with the available school fund arising from 
"all other sources, will be sufficient to maintain and support the 
"public free schools of this State for a period of not less than 
"six months in each year; and the Legislature may also provide 
"for the formation of school districts within all or any of the 
"counties of this State, by general or special law, without local 
"notice required in other cases of special legislation, and may 
"authorize an additional annual ad valorem tax to be levied and 
"collected within such school districts for the further main- 
"tenance of public free schools and the erection of school build- 
"ings therein; provided, that two-thirds of the qualified prop- 
erty taxpaying voters of the district, voting at an election t° 
"be held for that purpose, shall vote such tax, not to exceed in 
"any one year twenty cents on the one hundred dollars valua- 
"tion of the property subject to taxation in such district, but 
"the limitation upon the amount of district tax herein author- 
' ' ized shall not apply to incorporated cities or towns constituting 
"separate and independent school districts." 

Sec. 2. That the Governor of this State shall issue his proc- 
lamation ordering an election to be held on the second Tuesday 
in August, A. D. 1883, at which time the foregoing amendment 
shall be submitted for adoption by the qualified electors of this 
State. 

Approved April 1, 1883. 1 

SCHOOL LAW OF 1884 

At the Special Session of the Eighteenth Legislature, convened from 
January 8 to February 6, 1884, the School Law was amended and re- 
written in its entirety. This revised code breathes a new spirit and 
purpose. On account of its length only the most salient sections are 
included here. 

Section 1. (The statement of the Constitution as amended.) 

Section 2. One-fourth of all occupation taxes and the one 

dollar poll tax levied and collected for the use of public free 



General Laws of the State of Texas passed at the Regular Session 
of the Eighteenth Legislature, 134; Gammel's Laws of Texas, Vol. 9, 
(440). 



804 University of Texas Bulletin 

schools, exclusive of the delinquencies and cost of collection, the 
interest arising from any bonds or funds belonging to the per- 
manent school fund and all the interest derivable from the pro- 
ceeds of sale of land heretofore set apart for the permanent 
school fund which have hitherto or may hereafter come into the 
State Treasury. All monies arising from the lease of school 
lands and such an amount of State tax, not to exceed 20 cents on 
the one hundred dollars valuation of property as may be from 
time to time levied by the Legislature shall constitute the avail- 
able school fund, which fund shall be apportioned annually to 
the several counties of this State according to the scholastic pop- 
ulation of each, for the support and maintenance of the public 
free schools. 

Section 3. No part of the public school fund shall be appro- 
priated to or used for the support of any sectarian school. 

Section 4. All available public school funds of this State 
shall be appropriated in each county for the education alike of 
white and colored children, and each race shall receive its just 
pro rata according to scholastic census. 

Section 5. All children, without regard to color, over eight 
years of age and under sixteen years of age, shall be entitled to 
the benefit of the public school fund. 

Section 6. The scholastic year shall commence on the first 
day of September of each year and end on the thirty-first day 
of August thereafter. 

Section 7. The children of the white and colored races shall 
be taught in separate schools, and in no case shall any school 
consisting partly of white and partly of colored children receive 
any aid from the public school fund. 

Section 8. The terms "colored race" and "colored chil- 
dren," as used in the preceding sections and elsewhere in this 
act, include all persons of mixed blood, descended from negro 
ancestry, to the third generation, inclusive, although one an- 
cestor of each generation may have been a white person. 



Section 10. Public schools shall be taught for five days in 
each week, schools to be closed on such holidays as may be agreed 



Education in Texas 805 

on by the trustees. A school month shall consist of not less than 
twenty days, exclusive of given holidays, and the public schools 
shall be taught for not less than seven hours each day, including 
intermissions and recesses. 

Section 11. The Governor, Secretary of State, and Comp- 
troller shall constitute a State Board of Education who shall hold 
their sessions at the seat of Government. The Governor shall be 
ex officio president of the Board and a majority of the members 
shall constitute a quorum for the transaction of business. 

Section 12. There shall be elected, at each general election 
for State and county officers, a State Superintendent of Public 
Instruction, who shall hold his office for a term of two years 
and until his successor is elected and qualified, and shall receive 
an annual salary of twenty-five hundred dollars, and may ap- 
point one clerk at an annual salary of twelve hundred dollars, 
both payable out of the available school fund. The Superin- 
tendent shall take the oath of office prescribed by the Constitu- 
tion and shall perform such duties as may be prescribed by law. 
Appeals shall always lie from the rulings of the State Superin- 
tendent to the State Board of Education. Any person elected 
State Superintendent of Public Instruction shall not during his 
term of office and for four years thereafter be eligible to elec- 
tion to any other State office. 

Section 13. The Superintendent of Public Instruction shall 
be charged with the administration of the school law and a gen- 
eral superintendency of the business relating to the public schools 
of the State; he shall hear and determine all appeals from the 
rulings and decisions of subordinate school officers, and all such 
officers and teachers shall conform to his decision, unless they are 
reversed by the State Board of Education. He shall prescribe 
suitable forms for reports required of subordinate school officers 
and teachers, and blanks for their guidance in transacting their 
official business and conducting public schools, and shall from 
time to time prepare and transmit to them such instructions as 
he may deem necessary for the faithful and efficient execution 
of the school laws, and by whatsoever is so communicated to 
them, shall they be bound to govern themselves in the discharge 
of their official duties. He shall examine and approve all ac- 



806 University of Texas Bulletin 

conn Is. of whatsoever kind, against the school fund, that are to 
be paid by the State Treasurer, and upon such approval the 
Comptroller shall be authorized to draw his warrant. 

Section 14. The State Superintendent shall file all reports, 
documents and papers transmitted to him and the State Board 
of Education, by county or city school officers and from all 
other sources pertaining to public schools, and keep a complete 
index of the same. 

Section 15. The State Superintendent shall advise and coun- 
sel with the school officers of the counties, cities, towns, school 
districts and communities as to the best methods of conducting 
the public schools and shall be empowered to issue instructions 
and regulations binding for observance on all officers and teachers 
in all cases wherein the provision of the school law may require 
interpretation in order to carry out the designs expressed there- 
in. Also in cases that may arise in which the law has made no 
provision, and where necessity requires some rule, in order that 
there may be no hardships to individuals and no delays or in- 
convenience in the management of school affairs. 



Section 17. The State Superintendent shall require of coun- 
fy, city and town superintendents and other school officers and 
teachers such reports relating to the school fund and other 
school affairs as he may deem proper for collecting information 
and advancing the interests of the public schools, and shall fur- 
nish to county, city and town superintendents for the use of such 
officers and teachers the necessary blanks and forms for making 
such reports and carrying out such instructions as may be re- 
quired of them. 

Section 18. The State Superintendent shall, one month be- 
fore the meeting of each regular session of the Legislature, and 
ten days prior to any special session thereof, at which, under the 
Governor's proclamation convening the same, any legislation may 
be had respecting the public schools, make a full report to the 
Board of Education, of the condition of the public schools 
throughout the State. Such reports shall give all the informa- 
tion called for by the Board of Education, and shall contain 



Education in Texas 807 

such other matters as the State Superintendent may deem im- 
portant. 



Section 21. The State Superintendent shall be ex officio 
secretary of the State Board of Education, and shall keep a 
complete record of all its proceedings, which shall be signed by 
the president of the Board and attested by the Superintendent. 



Section 29. It shall be the duty of the County Commission- 
ers' Court of all counties not exempted from this section to sub- 
divide their respective counties into convenient school districts, 
at least one month before the first Monday in October, 1884. 
Said courts shall designate said school districts by numbers ; pro- 
vided, that when districts are once established, they shall not 
be changed without the consent of a majority of the legal voters 
in all districts affected by such change. 

Section 30. Said school districts shall be so made as to be 
as convenient as possible to the scholastic population, and said 
courts shall give the metes and bounds of each district, and shall 
designate the same carefully by giving the whole surveys and 
parts of surveys, with acreage of whole surveys and the approx- 
imate acreage of parts of surveys in each district, and the county 
judge shall carefully record the same, and each district shall 
be given a number, which number shall be painted 
in large letters or figures over the doors of the school houses, said 
signs to be provided by the district trustees of each district. 

Section 31. That whenever twenty or more qualified prop- 
erty holding tax paying voters of any district, wish for the pur- 
pose of taxing themselves, for the building of school houses, or 
supplementing the State school fund apportioned to said district, 
shall make application to the county commissioners' court, duly 
signed by them, said court shall enter up an order for an elec- 
tion to be held in said district to determine whether such tax 
shall be levied or not, said application shall designate the amount 
of tax asked to be levied, and the order of said court shall state — 



808 University of Texas Bulletin 

1st, When said election shall be held ; 2nd, At what point or points 
the polls shall be opened; 3rd, The amount of tax to be voted on; 
provided thai no election shall be held to determine the levy of a 
tax exceeding twenty cents on the one hundred dollars valuation 
of property. The commissioners' court shall order the sheriff 
to give notice of such election by posting three notices in the dis- 
trict for three weeks before election, and the sheriff shall obey 
snob order. Not more than one such election shall be held in 
the same scholastic year. 



Section 33. All persons who are legal qualified voters of the 
State and county of his residence, and who are resident property 
tax payers in said district, as shown by the last assessment roll 
of the county, shall be entitled to vote in any school district elec- 
tion, and if at any such election two-thirds of such qualified 
voters, voting at such election, shall vote for the tax, it shall be 
declared by the County Commissioners' Court to have carried in 
said district and be so entered upon the records of said court to 
have been carried, and in all cases the returning officer shall make 
a full and complete return as in other elections to said court 
within five days alter said election is held, and said return shall 
be opened and counted at the first meeting of said court and the 
result declared. 



Section 36. All trustees for school districts shall be elected 
by the qualified voters at a school district meeting for that pur 
pose, on the. first Saturday of August of each year, except as 
hereinafter provided. The Commissioners' Court shall appoint 
three persons to hold such election, and shall make the returns of 
said election within five days after election to the county Judge, 
and if no election is held the county Judge shall at once appoint 
three trustees for said districts for the ensuing year. All per- 
sons living in the district, qualified to vote for State and county 
officers, shall be entitled to vote at said election. No person shall 
be eligible to serve as a school trustee who cannot read and write. 



Education in Texas 809 



Section 55. All the public schools in this State shall be re- 
quired to have taught in them orthography, reading in English, 
penmanship, arithmetic, English grammar, modern geography, 
and composition and other branches as may be agreed on by the 
trustees or directed by the State Superintendent. 



Section 61. When a school district or community has no 
school house or not a sufficient number, the available public free 
school fund for any one year to the credit of said district or com- 
munity with the county treasurer, may be used for the purpose of 
erecting a house, upon the following conditions, tc-wit : 1st, A 
suitable piece of land shall be donated as a site, and a deed there- 
for executed and delivered to the county judge, conveying said 
land to the county judge and his successors in office in trust for 
public free school purposes, which deed must be recorded as 
other deeds. 2nd. The citizens of the district or community, 
must contribute of their labor and means, an amount at least 
equal to the school fund so used. 



Section 71. The following named counties shall be exempted 
from the district system provided for in this act, to-wit : Mata- 
gorda, Harrison, Fannin, Montgomery, Rusk, Lamar, Red River, 
Anderson, Shelby, San Augustine, Sabine, Hidalgo, Starr, Za- 
pata, Webb, Duval, Kaufman, Hopkins, Camp, Upshur, Grimes, 
Smith, Gregg, Limestone, Freestone, Washington, Nacogdoches, 
Angelina, Bastrop, Hunt, Jasper, Newton, Tyler, Polk, San Ja- 
cinto, Franklin, Titus, Marion, Panola, Lee, LaSalle, Van Zandt, 
Robertson, Jefferson, Hardin, Liberty, Chambers, Orange, Wal- 
ler, Houston and Cass, Brazos, and Burleson. 



Section 87 The Governor shall immediately appoint a Su- 
perintendent of Public Instruction who shall hold said office and 
discharge its duties until the Superintendent of Public Instruc- 



810 University of Texas Bulletin 

tion elected at the next general election for State and county 
officers shall qualify. 



Note. — The foregoing act was presented to the Governor of 
Texas for his approval on the 6th day of February, 1884, and was 
not signed by him nor returned to the house in which it origi- 
nated, with his objections thereto, within the time prescribed by 
the Constitution, and thereupon became a law without his sig- 
nature. 

J. W. Baines, 
Secretary of State. 1 

DEMOCRATIC STATE CONVENTION, 1884. 

Houston, August 19-21. 

PLATFORM. 



4. We believe that an efficient system of common free schools, 
both for the white and colored races, is essential to the preserva- 
tion of the liberties of the people, and that our public institutions 
of learning should be fostered by judicious legislative enact- 
ments ; and to this end we favor the raising of revenue for these 
purposes by such a disposition of the lands set apart for these 
objects under such limitations as may best subserve these ends, 
so that taxation for such purposes may be reduced to the lowest 
possible limit. 

5. We declare that the free school and asylum lands are segre- 
gated from the public domain, and are, by law, a sacred trust in 
the custody of the legislature, to be held and managed for the 
best interests of the respective fundus to which they have been 
dedicated, and we hold it to be the highest duty of the repre- 



l General Laws of the State of Texas, passed at the Special Session 
of the Eighteenth Legislature, convened at the City of Austin January 
8 and adjourned February 6, 1884, 40-57; Gammel's Laws of Texas* 
Vol. 9, (570-589.) 



Education in Texas 811 

sentatives of the people to see to it that that trust may not be 
sacrificed to the greed of any class. 

6. We believe that the school and general interests of our 
State will be best subserved by the leasing of such lands until 
such time as they may be purchased by actual settlers, at a rea- 
sonable price fixed by law, without competition and in such a 
manner as not to retard the development and prosperity of the 
frontier. 1 

GREENBACK STATE CONVENTION, 1884. 

Waco, August 26. 

The attendance at this convention was limited to the counties of 
Central Texas. 

PLATFORM. 

We deem it scarcely necessary to declare that the observance 
of the great principles we advocate with regard to tax, equal dis- 
tribution of all the sovereign properties of the people, condemns 
the policy of leasing the public or school lands of Texas in larger 
bodies than six hundred and forty acres for long periods of time, 
thus constituting a temporary monopoly only in reach of wealthy 
men, contrary to public policy and the true principles of repub- 
licanism. And we favor the policy of selling the school lands in 
small bodies not exceeding one hundred and sixty acres, on a 
low rate of interest on long periods of time, say, twenty years, 
with one-tenth annually, at three per cent, interest, to actual 
occupants alone, and not transferable until the title is perfected ; 
but we can discover no valid objection in principle or public 
policy, why the adjacent unoccupied lands should not be leased 
to such actual occupants in limited amounts for short periods 
of time, subject to actual settlement and so be utilized as an im- 
portant adjunct to the public school fund. 



We also denounce the school law as creating the same condi- 



1 Winkler, E. V. Plat-forms of Political Parties in Texas, 220-223. 



812 University of Texas Bulletin 

tion of things. We also denounce the jury law for the same rea- 
son that it creates property classes. 1 

"STRAIGHT-OUT" REPUBLICAN CONVENTION, 1884. 
Dallas, September 23 and 24. 

PLATFORM. 

This Republican State Conference, representing the Republicans who 
believe that the organization and the identity of our party should be 
preserved, do promulgate the following platform: 

Resolved, 



| 4] That we believe the educational bill now before Congress, 
commonly known as the Blair Bill, is constitutional in all of its 
provisions, and we believe it to be to the interest of the people 
of this State that the members of Congress from Texas should 
heartily support the same, and in this connection we condemn 
the action of Senators Coke and Maxey in voting against the bill 
while before the Senate. 



| 7] That the idea that the State cannot sell or lease its public 
lands is absurd and ridiculous; that we believe that the school 
lands, or lands set apart for public education, should be so dis- 
posed of as to give the present generation the largest amount of 
benefit. 

[8] That we favor the early completion of the University of 
Texas and its colored branch, and favor liberal appropriations 
by the State for the erection, maintenance, and equipment of 
these institutions. 2 



l IUd., 223-229; Waco Daily Examiner, August 27, 1884. 
-Ibid.. 232-234. 



Education in Texas 813 

DEMOCRATIC STATE CONVENTION, 1886. 

Galveston, August 10-13. 

The Prohibitionists, Farmers' Alliance, and Knights of Labor pos- 
sessed sufficient strength to make an impress on the acts of this con- 
vention. Many of the delegates went home not at all pleased. 

PLATFORM. 



4. We favor the best system of education for white and col- 
ored children in separate common schools which may be provided 
by liberal, without excessive, taxation. We believe that the edu- 
cation of the children is a matter of State right and duty, and 
that the Congress of the United States has no right to appropri- 
ate money to its aid. We congratulate the people of Texas upon 
the successful establishment of our State University, and we 
recommend the enactment of legislation to remove the same, as 
far as possible, from all political influences, and that its proper- 
ties and revenue shall be strictly guarded, increased, and fostered 
so far as it can be done without taxation upon the people. 

5. We believe that the true policy of the State, with respect 
to her public lands, is to provide for their sale, in tracts of rea- 
sonable size with reference to their quality and uses, at fair 
prices and upon long credit, to bona fide settlers for homestead 
purposes. We favor such a classification of the school, univer- 
sity, and asylum lands as may permit the unconditional leasing, 
for short terms, of lands only fit for grazing; and that the re- 
mainder may be leased temporarily and entirely subjected to the 
right of the State to sell to actual and bona fide settlers. And 
to these ends we favor the enactment of laws to compel the re- 
moval of trespassers and free grazers from the public lands, and 
to force the payment of rent for their use ; and to fix absolutely 
the rental price of the lands to be leased. There should be such 
legislation as will make it practicable to enforce all laws intended 
to prevent the illegal use of the school or other public lands of 
the State. 

9. We believe that stockholders in private corporations should 



814 University of Texas Bulletin 

be held liable to pay the debts of the corporation to the amount 
due on their stock, and an additional amount equal to the stock 
owned by them, and that the legislature shall regulate and fix 
the terms upon which private corporations may do business in 
this State. And that laws shall be passed prohibiting corpora- 
tions not chartered by the laws of this State from buying or leas- 
ing the public lands of this State or any of the school, university, 
or asylum lands. 



11. We declare that all State convicts should be confined with- 
in the walls of the penitentiary, and it is the duty of the Legisla- 
ture to provide penitentiaries sufficient for this purpose. We are 
also in favor of a reform school, or house of correction, for minors 
and females convicted of offenses, to the end that they may be 
separated from the adult convicts of the State. 

MINORITY REPORTS. 

The undersigned, constituting a minority of your Committee 
on Platform and Resolutions, beg leave to report that we do not 
concur with the majority of the committee in its platform as re- 
ported. We, however, agree to all the platform reported by the 
majority of the committee except section 5, and ask that it be 
stricken out and the following adopted in lieu thereof : 

We regard the settlement and development of the State by in- 
telligent and law-abiding citizens as paramount to all other 
questions of State policy, and pledge that wholesome and ef- 
fective laws looking to that end shall be enacted as speedily as 
possible, that simple, comprehensive, and efficient laws should be 
enacted whereby the lands set apart for the benefit of the common 
school and other trust funds shall be disposed of in limited 
quantities to bona fide settlers only, and in such manner as not 
to injure said trust funds. 1 



x IUd., 237-242. 



Education in Texas 815 

REPUBLICAN STATE CONVENTION, 1886. 

Waco, August 25 and 26. 
The colored delegates controlled the convention. 

PLATFORM 



[5] The Republican party, having been in favor of the edu- 
cation of the masses to the fullest extent within the means of the 
government and ability of the people, favors the largest appro- 
priation practicable by the State for that purpose, and we do 
further endorse and approve of that educational measure known 
as the Blair Bill passed by the United States Senate. We are also 
in favor of county superintendents of public schools. 1 

PROHIBITION STATE CONVENTION, 1886. 
Dallas, September 7 and 8. 

PLATFORM 



9. We denounce the action of the Democratic party in giving 
away and nominally selling the public lands at fifty cents an 
acre to capitalists and cattle syndicates, just at the time when 
they were becoming valuable, thereby permitting them to fence 
up whole counties and prevent the settlement and civilization of 
the west. We demand the forfeiture of all lands granted to in- 
dividuals and corporations where the title has not absolutely 
vested, and that these lands, together with the public domain yet 
remaining, be reserved for homesteads for our citizens, and sold 
only to actual settlers on long time with interest for the benefit 
of the school fund. 

10. We believe that the most direct way out of our present 
land complications is the unconditional repeal of our present 
lease system and the sale of public lands only to actual settlers 



'IUd.. 242-244. 



816 University of Texas Bulletin 

We declare that all the fences and other improvements illegally 
placed on public school lands are part of the realty, as if they 
had been placed on private property, and we demand that the 
State shall at once take control of these lands and the improve- 
ments thereon and prosecute all parties who may unlawfully 
interfere with or destroy the same, and we demand that the at- 
torney-general shall at once proceed to recover such damages 
from the trespassers on these lands as have been sustained by 
the use and occupation thereof. 

11. We favor an efficient system of free schools. 1 

GRAND STATE FARMERS' ALLIANCE, 1886. 
Cleburne, August 3-7. 

Although not a political party, the numerical strength of the 
Farmers' Alliance in 1886 was sufficient to secure attention tor its 
demands, and to incur the solicitude of politicians. 

DEMANDS AND RESOLUTION?. 

We, the delegates to the Grand State Farmers' Alliance of 
Texas in convention assembled at Cleburne, Johnson County, 
Texas, A. D. 1886, do hereby recommend and demand of our 
State and National governments, according as the same shall 
come under the jursdiction of the one or the other, such legisla- 
tion as shall secure to our people freedom from the onerous and 
shameful abuses that the industrial classes are now suffering at 
the hands of arrogant capitalists and powerful corporations. We 
demand : 

1. The recognition by incorporation of trade unions, co-op- 
erative stores, and such other associations as may be organized 
by the industrial classes to improve their financial condition, or 
to promote their general welfare. 

2. That all public school lands lie held in small bodies, not 
exceeding three hundred and twenty acres to each purchaser, for 
actual settlement, on easy terms of payment. - 



Hbid., 244-246; Dallas News, September S and 9, 1886. 
"-Ibid., 234-237; Galveston Daily Neics, August 4 and 8, 1886. 



Education in Texas 837 

PROHIBITION STATE CONVENTION, 1888. 

Waco, April 25. 

PLATFORM. 



3. That such public lands as remain to the State of Texas be 
reserved as homesteads for citizens, and the school lands be 
sold only to actual settlers, in quantities not exceeding three 
hundred and twenty acres. 



5. That a more efficient system of public free schools be 
established and maintained in Texas. 1 

REPORT IN ENCYCLOPAEDIA BRITANNICA 
Texas 



The founders of the State made liberal provision, by grants of 
land and revenue, for public education, but their intentions 
have not been carried out by subsequent legislation. Texas oc- 
cupies the anomalous position of having the best school fund and 
the poorest school system in the United States. The public free 
school system proper consists of two normal schools for the 
preparation of teachers and numerous district schools, open for 
four months in the year. In most of the cities the state fund is 
supplemented by local taxation, and excellent schools are main- 
tained. In 1886 there were 489,795 children within school age, 
and the cost of the maintenance of the whole system was $2,362,- 
226. There are no schools for secondary education, except the 
high schools of a few cities. The State University is at Austin ; 
it is abundantly endowed with lands, but does not receive the 
full benefit of its revenues. There is also a State agricultural 



'Ibid., 254-256. 



818 University of Texas Bulletin 

and mechanical College, but technical training is made second- 
ary. 

R.(obbrt)T. H.(ill) 1 

REPORT OF THE NEW STATE SUPERINTENDENT 

BENJAMIN M. BAKER 

Mr. Baker served as State Superintendent from 1883 to 1887. 

Notwithstanding many serious difficulties have attended the 
administration of the public schools during the two scholastic 
years just ended, I am gratified to be able to report that the 
cause of popular education has steadily advanced, the schools 
have become more efficient, and the general public is better 
satisfied with the results attained. It is gratifying to know that 
opposition to free schools has almost been silenced, and that the 
demand of our people is — the most perfect system consonant 
with our conditions and resources. The original advocates of 
public schools have won many to their ranks, and the few who 
are still classed among the objectors have accepted the situation 
and now only desire that the public fund be used to the best 
possible advantage. It is believed that progress has been much 
retarded by the events in educational affairs which transpired 
when our people were poor and our most intelligent citizens dis- 
franchised. Before the close of the war between the States 
Texas had made no effort to provide more than free tuition for 
indigent children; and notwithstanding large quantities of the 
public domain had long before been reserved for public schools, 
no steps had been taken to utilize them for that purpose. The 
whole educational question had been left to private enterprise. 
When the war had closed, and before the people had begun to 
recover from its dreadful ravages, a school system was launched 
upon them, which, to say the least, was better fitted for an older 
and a richer State. Copied from older, richer, and more thickly 
populated States, that system for a country prepared for its 
reception, was comparatively without fault. But the immense 
sums of money necessary to support it were extorted from a 



^Encyclopaedia Britannica, 9th Edition, Art.: Texas. 



Education in Texas 819 

poor and unwilling people. The schools, though open to all, 
soon became exceedingly unpopular with a large majority of the 
people, both because of the unnecessary expenses incident to 
them and the manner in which they were conducted. It is 
not a matter of surprise that the system was overthrown, but 
it is to be regretted that its healthy features were not preserved 
and engrafted into the new one which took its place. But pop- 
ular prejudice repeating its history drifted madly to the other 
extreme and inaugurated a system weak in many respects and 
illy fitted to the demands of the times and people. The bitter 
prejudices born of the old law created among the people a 
strong distaste to taxation for educational purposes and indeed 
to free schools, and we may congratulate ourselves that the sub- 
ject was not abandoned altogether. For years no interest in 
educational affairs could be aroused, our people being strongly 
disposed to look to private enterprises alone for the education of 
their children, leaving the necessitous poor the only patrons of 
the public schools. Matters became brighter in 1876, and from 
that time the public schools have grown in favor. The law of 
1884 was a vast improvement on that of 1876, and I am con- 
vinced that the people are ripe for the other changes demon- 
strated to be necessary, and that the time has arrived for mak- 
ing them. In this report I propose to suggest what I conceive 
to be the necessary amendments to the present law, and in the 
suggestions I make I believe I am in accord with the views of 
the best educators of the State. 

Among the improvements made in our system I may mention 
as the one of greatest importance "the district system" which 
has been provided for a large number of the counties. The 
advantages of this system over the community system is appar- 
ent. Under the community system a reorganization of each 
school takes place annually, giving rise to neighborhood dis- 
putes and disagreements. No local school taxes can be levied 
under it, and the people are consequently compelled to rely on 
the State fund alone for both the expenses of the schools and the 
building of school houses. Few school houses are erected from 
the fact that the schools have no fixed place of abode and are 
constantly changing habitations. The district system suffers 



820 University of Texas Bulletin 

none of these disadvantages. Under it local taxes may be levied, 
and thus a fund raised for building purposes, for lengthening 
the school term and extending the scholastic age. The districts 
have denned limits: the place for the school is fixed. The peo- 
ple knowing that no change of locality can take place, are en- 
couraged to erect comfortable school buildings and supply them 
with modern furniture and apparatus. A large portion of our 
State is so sparsely populated as to make the district system of 
doubtful feasibility, but it has been demonstrated to be superior 
for the counties well populated, many of which have not yet 
accepted it. 

The State has the best reason to be proud of the progress 
of her teachers. I attribute their advancement in a large way 
to the fact that the recent changes of school law have encouraged 
them to become professional teachers. Some of the provisions 
of the law of 1874 bore so unjustly upon them that there were 
few who looked upon themselves as in the work for life. The 
provision of that law making the teacher's salary dependent upon 
the attendance of pupils was a relic of barbarism. Its repeal 
and the advance in maximum salaries allowed by the law of 
1884 give promise of adequate remuneration to the teacher and 
encourages him to regard the profession as not wanting in dig- 
nity. The State normal schools and the summer normals, so 
generously provided, have also been powerful instruments in 
advancing the profession. It is probable now that no State can 
boast of a better qualified, more conscientious corps of public 
school teachers. 1 



^aker, Benjamin M., Fifth Biennial Report of the Superintendent 
of Public Instruction for the years ending August 31, 1885, and 
August 31, 1886, 6-7. 



Education in Texas 821 

MESSAGE OF GOVERNOR IRELAND 

Executive Office, 

Austin, Texas, January 13, 1885. 



FREE SCHOOLS 

The recent amendments to the Constitution and laws, pertain- 
ing to free schools, have enabled the Board of Education to great- 
ly improve them; and it is believed that at no time in the past 
have the friends of education had so much to encourage them. 
The present scholastic year will be about six months, and is be- 
lieved to be ample, except in cities, towns and thickly settled dis- 
tricts, where additional months can be added if the people desire 
them. 

Under the act passed at the last special session of the Legisla- 
ture, Hon. B. M. Baker was appointed Superintendent of Public 
Instruction, and at the recent election he was chosen by the peo- 
ple to that position. I invite your careful attention to his report 
to the Board of Education, which is herewith submitted. 

ESTIMATE OP AVAILABLE SCHOOL FUND 

Tax on $603,000,000 at 10c $ 603,000 

Poll tax 310,000 

One-fourth occupation tax 211,000 

Interest on county bonds 104,622 

Interest on State bonds 117,900 

Interest on railroad bonds 100,000 

Interest on land notes 450,000 

Land sales and leases 350,000 

Accumulated interest 70,000 

$2,316,522 

Deduct probable losses, insolvent polls $100,000 

Expenses of assessing, collecting and insol- 
vents 135,000 235,000 

$2,081,523 



S22 University of Texas Bulletin 

With this sum and the accumulations from leases and sale notes 
for land, it is clear that the school tax can be reduced to nine 
or ten cents. 1 

LOCAL SUPERVISION 

The Constitution of 1876 did away with all supervision, State, dis- 
trict and county. Through the assistance of the Peabody Fund some 
of the cities, availing themselves of the right to control their own 
schools, secured superintendents. The need of county supervision, 
other than that of the County Judges, became acutely felt early in the 
eighties. The views of State Superintendents on this problem are 
given here. The law making county superintendents permissive was 
passed in 1887. 

SUPERINTENDENT BAKER'S VIEW 

The demand for local supervision of the public schools is im- 
perative. That local superintendents can be sustained without 
additional expense to the school fund is easily demonstrated, and 
that the efficiency of the schools would be increased tenfold with 
the aid of such officers is certain. As a rule county judges are 
incompetent to supervise the schools, because they have not been 
trained in the art of school management. With but few excep- 
tions they have not the time to do so without neglecting other 
duties made incumbent on them. In nearly all cases the labor 
entailed on them by the school law is distasteful. They do not 
visit and lecture in the schools, nor do they hold county insti- 
tutes. They are but machines for the disbursement of the school 
fund. The schools are therefore practically without local super- 
vision. 

If local superintendents were provided two important results 
might be confidently looked for — better teaching and a longer 
school term. Superintendents could devote all their time to the 
organization of schools, managing them, employing teachers and 
paying them, visiting the schools and lecturing, arousing favor- 
able public sentiment, inducing the levy of local school taxes, aid- 
ing teachers in the discharge of their duties, and taking the scho- 
lastic census. I most earnestly recommend that county superin- 



^Message of the Governor of Texas to the Nineteenth Legislature, 
January 13, 1885, 11-12. 



Education in Texas, \ .823 

tendents be provided for in all except the small or sparsely pop- 
ulated counties. In this connection I venture to present several 
extracts from an able address of Hon. Z. T. Fulmore, County 
Judge of Travis County, delivered before the teachers' institute 
of that county on his retirement from office : 



"With the ostensible purpose of simplifying school matters 
and of economically administering our school fund, the Legisla- 
ture made the county judge ex officio superintendent of county 
schools, the county treasurer ex officio the custodian of the funds 
of the various counties, the assessor of taxes ex officio the census 
taker, and to these was added a board of examiners, in each case 
the several officials being independent of each other and of any 
superior authority. Upon this loose, disjointed plan, according 
to the best information we have on the subject all have grown in 
scholastic population from about 238,000 in 1880 to 489,000 in 
1886, and our school fund increased from $750,000 to about $2,- 
350,000 during the same period, becoming complicated and con- 
fused in proportion as it has grown, until today we have no accu- 
rate means of determining whether our scholastic population is 
350,000 or 500,000, or whether our actual resources are $2,350,000 
or $3,250,000. 

"By the exercise of great industry our State Superintendent 
has succeeded in placing sufficient data before us to throw some 
light upon our present condition. 

"From these data we are able to form some idea of the disad- 
vantages of an utter lack of system in our school organization. 



"Another great evil consists in the frauds that may be, and in 
some instances are practiced upon county judges and county 
treasurers. They have no means of knowing whether or not ser- 
vices have been performed for which money is claimed — their 
only protection is in the honesty of teachers and trustees. 

"Another evil consists in the unreliability and in many in- 



824 University of Texas Bulletin 

stances absurdity of the statistics furnished by county judges, 
when furnished at all. A few specimens culled at random will 
give a better idea. The official reports show that for the scho- 
lastic year ending August 31, 1855, Webb county had an average 
school term of 400 days, and that the tuition of the children of 
that county cost between $20 and $21 per month, while tuition in 
Hopkins county cost only 14 2-3 cents per month ; that Red River, 
with a scholastic population of 4085, had an average daily attend- 
ance of only 43 and a total daily attendance of 199,583 ; while 
Runnels county had an average daily attendance of 152 and a 
total daily attendance of only 192. 

' ' Grayson county, with a scholastic population of 6832, had an 
average daily attendance of only 56, although she had 102 schools ; 
and Shelby, with a population of 2051, had an average daily at- 
tendance of 34. 

"The total daily attendance is from 100 to 120 times greater 
than the average daily attendance, but in Liberty county last 
year they tallied with each other. 

"The total daily attendance in Montgomery county was 1801, 
average daily attendance 1801, with 583 pupils studying natural 
philosophy; while Ellis county, with a scholastic population 
nearly twice as large, had only 12 students studying natural 
philosophy, Travis county only three, and Austin city 31. 

"Now, if the Legislature of the State were to appropriate 
enough money for a six months' term at the same rate as the 
actual cost of the Webb county schools for 1884-5, it would take 
about $13,000,000. On the other hand, if the appropriation was 
made on the Hopkins county basis, it would only require $89,986.- 
61 to maintain the schools of the State for six months. 



"Nothing approximating a complete diagnosis of our school 
affairs can be had until the Legislature establishes a school sys- 
tem, and it seems to me that the first step towards the establish- 
ment of a system would be the creation of the office of county 
superintendent of schools, and the complete annihilation of 
county judges, treasurers, assessors, and boards of examiners as 
school officers, and a merger of their duties into the office of 



Education in Texas 825 

■county superintendent. In this officer the State would have a 
responsible agent, charged with the duty of keeping accurate ac- 
counts, of obtaining thoroughly reliable statistics, and adminis- 
tering the school affairs of the State honestly, intelligently, and 
in accordance with the best business methods. 

"It would add but little to his duties to make of him a general 
statistician in his county, and such data as could be gathered by 
180 county superintendents distributed among 8000 teachers, lo- 
cated in every neighborhood and scattered over a population of 
2,500,000, would be of incalculable value to the Legislature in 
shaping the future policy of the State. The Superintendent of 
Public Instruction, instead of having to multiply circulars in 
sending to the county judge for one thing, the county treasurer 
for another, the assessor and trustees for another, and the board 
of examiners for another, would have a single source upon which 
to draw, and complete order and method could be brought out of 
present chaos. 

"Instead of having several officers between the children and 
the school fund there would be but one, and to have 180 county 
superintendents, subject under severe penalties to rendering 
strict account of their stewardship to the State at least once a 
year, would be no more novel in our form of government or incon- 
sistent with our notions of local self-government and individual 
freedom than the law which now and for years past has made 
between two and three hundred collectors and assessors of taxes 
under severe penalties subject to the Comptroller's department." 1 

SUPERINTENDENT COOPER ON COUNTY SUPERVISION 

Oscar H. Cooper has been one of the most distinguished figures in 
Texas education for over forty years. His influence and experience 
made him a leader in the establishment of the University of Texas. He 
has served the State in almost every capacity, and is still active as a 
thinker and teacher. 

Effective supervision is an essential element in an efficient sys- 
tem of public free schools. It is a duty which the State owes to 



'Baker, Benjamin M. Fifth Biennial Report of the Superintendent of 
Public Instruction for the Scholastic Years Ending August 31, 1885, and 
August 31, 1886, 10-12. 



826 University of Texas Bulletin 

itself and to the children. Good schools and good teachers are 
helped by supervision, and poor schools ought to have it, however 
much they oppose it. The only place where the real worth of a 
teacher can be found out is in the school room. The only way of 
finding out whether the teacher is earning his salary is to follow 
him to his actual field of work. School teaching is not easy work 
if it is done well, though it may be pleasant work. Skill in teach- 
ing does not come by nature ; it presupposes knowledge, and it 
requires for its development study, experience, and comparison. 
The teacher who professes to know things in any other way is a 
charlatan. The aid of a competent superintendent is indispen- 
sable to the success of young and weak teachers, and it is helpful 
to the best. "The lookeron oft sees more than the players." The 
county judges are ex officio county superintendents in most coun- 
ties. My relations with them during the past year have been cor- 
dial and pleasant, but I am compelled to say that the supervision 
of the county judges is of the most perfunctory character. In 
most counties it amounts to almost nothing. I asked last year, 
in forms for reports, for the number of visits made to the schools 
by each county judge, and found only three in the entire State 
who had visited all their schools, while four-fifths had not visited 
over five schools. It is impossible to supervise or inspect a school 
without at least seeing the school at work once. I am persuaded 
that the administration of the schools in each county should be 
separated from the county judiciary, not only for the good of the 
judiciary, but for the good of the schools. I ought to say that I 
have no fault to find with the county judges in this connection. I 
believe that they have generally tried to do their duty to the 
schools. They were loaded with the school work in past years 
because there was no one else in the county on whom it could be 
more readily imposed. In many counties the school work is now 
growing to be the more important part of the county judge's 
duties. It seems strange to those who have given their lives to 
educational work that the union of the county judiciary with the 
direction of the schools should be tolerated so long by the people 
and their representatives. The mental attitudes of the judge 
and of the teacher are antipodal. The judge, by his training, is 
looking to the present and the past ; the teacher or superintendent 



Education in Texas 827 

must look to the future for which the children — his trust — are to 
be prepared. The judge is naturally conservative; the superin- 
tendent must be progressive. The supervision, if really helpful, 
must be exercised by men who understand the details of school 
management. The judges, both by training and occupation, are 
almost precluded from obtaining such knowledge, except in the 
most superficial form. The superintendent's work should be 
vitalizing, inspiring enthusiasm for improvement, and can not be 
properly done by men who regard it as a secondary consideration. 
The direction and support of the schools have been treated too 
much as matters of secondary importance. The school interests 
are not less but more important than any other single depart- 
ment of legislation. In this important object all good citizens 
are equally concerned, and all should unite in one common work 
for one common purpose, that education may be regulated by gen- 
eral consent and not abandoned to the blind decision of chance or 
idle caprice. 

The county supervision of schools should be separated, not only 
from the county judiciary, but if possible from the county poli- 
tics. This could be done by providing for the election every 
alternate year of the county superintendent on the day fixed for 
electing trustees, i. e., the first Saturday in June. The objec- 
tion alleged that the salaries of the county superintendents would 
be too great a burden on the school funds of small counties, or 
else so small as not to procure the services of competent men, 
is not a valid one. The salaries of county superintendents 
should be paid directly from the State treasury, and not out of 
the amount apportioned for tuition; and where the salaries 
would be small the work required would be small, and could be 
easily and ably attended to by a town superintendent, or prin- 
cipal, or leading teacher in the county. If teachers in other 
States are the best men to superintend schools, why should 
they not be in Texas? Are the teachers in Texas inferior in 
skill and ability to those of other States? My observation 
leads me to believe that no new State in the Union has a rela- 
tively larger number of practical and able teachers than Texas. 

I am aware that the management of the schools is sometimes 
a powerful agency in county politics, but it seems to me that 



828 University of Texas Bulletin 

this is a perversion of the ends for which the school system 
exists. Proper education of the children is the object of the 
schools. If the election of the county superintendent be sepa- 
rated from the election of other county and State officers, we 
shall be able to make it an exclusively scholastic position, an 
end which all will agree to be desirable. 



The work of the County Superintendent is essentially differ- 
ent from that of the county judge. As has been said else- 
where, county superintendency is essential to efficiency. The 
necessity for local supervision is so generally recognized by city 
school authorities that every city in the State has its superin- 
tendent. Thorough and efficient supervision has been the chief 
agency in bringing the city systems to their present standard. 
But the necessity for the supervision of the rural schools has 
not yet been generally recognized. If cities, with the advan- 
tages of well graded schools, of a long term, and of well trained 
and experienced teachers, need supervision and are so much 
benefitted by it, surely ungraded country schools, with their 
shorter terms, frequent changes of teachers, and teachers of 
less thorough training, can not be expected to do efficient work 
without it. The arguments in favor of the supervision of un- 
graded schools in the country are unanswerable. No prudent 
man would employ a number of workmen on his farm or in his 
shop without devising some means by which their work could 
be efficiently supervised. In every business of life, as in every 
department of government, there must be systematic organiza- 
tion of labor, with intelligent supervision. It is impossible to 
organize our schools on sound business principles without such 
supervision. Thorough supervision requires frequent visitation. 
We have shown elsewhere that count}' judges do not, as a rule, 
visit the schools ; nor is it possible for them to do so in most 
counties without neglect of their constitutional duties. A sys- 
tem of county superintendency seems, therefore, to be impera- 
tively needed. It may be best, in some cases, to unite two or 
more counties, having small scholastic populations, under one 



Education in Texas 829 

county superintendent, and this option might be left to the 
commissioners courts of these counties. 1 

Law Authorizing County Superintendents 

43a. The office of county superintendent of public instruc- 
tion is hereby created, and the county commissioners court of 
any county in this State may, when in their judgment it may 
be advisable, provide for the election at each general election of 
some person of educational attainments, good moral character, 
and executive ability, a qualified voter of said county, and the 
holder of a first grade teacher's certificate, who shall hold his 
office for the term of two years, and until his successor is elect- 
ed and qualified ; and said commissioners court, when they so 
provide for the election of a county superintendent, shall ap- 
point a county superintendent of public instruction, with the 
qualifications above provided, who shall perform the duties of 
such office until a county superintendent shall have been elect- 
ed, as hereinbefore provided, and shall have qualified. Such 
county superintendent of public instruction shall perform all 
the duties in regard to the public free schools of his county im- 
posed by law upon the county judges of such counties as have 
no county superintendents of public instruction, and shall have 
and may exercise all powers and authority vested by law in 
such county judges in respect to matters appertaining to the 
public free schools; and in addition thereto he shall take the 
scholastic census of his county, which census shall be taken by 
districts in those counties wherein the district system prevails, 
and under the rules and regulations of Section 40 of this act. 
Such county superintendent, before entering upon the discharge 
of his duties, shall take the oath of office prescribed by law for 
school officers, and shall enter into bond in the sum of five 
thousand dollars, with good and sufficient security, to be ap- 
proved by the county commissioners court, and to be filed with 
the county clerk of his county; and said bond shall be made 
payable to the county commissioners court and their successors 



1 Cooper, Oscar H. Special Report of the Superintendent of Public 
Instruction for the Scholastic Year Ending August 31, 1887, 26-28. 



830 University of Texas Bulletin 

in office in trust for the permanent school fund of the county, 
and be conditioned for the faithful performance of the duties 
of his office. Said county superintendent shall receive the same 
compensation for his services, to be paid in the same way, as is 
allowed by law to the county judges for similar services, and 
also the compensation allowed by law for taking the scholastic 
census, and such other compensation as may be allowed by the 
commissioners court of his county, to be paid from the school 
fund : Provided, the said compensation shall never exceed in 
the aggregate one thousand dollars per annum. He shall have 
authority to administer all oaths necessary for the proper dis- 
charge of all the duties required of him. Said county superin- 
tendent shall keep his office in the county seat, and to him shall 
be made all applications and reports authorized and required 
by law to be made to county judges in respect to public free 
school matters in those counties having no county superintend- 
ents of public instruction. 

Sec. 3. Whereas, the near approach of the close of the pres- 
ent session of the Legislature renders it doubtful whether this 
act can be passed if allowed to take the regular course in both 
houses ; and whereas it is a matter of great importance that 
many grave defects in the present school law sought to be reme- 
died hereby should be corrected; and whereas, in order that 
certain provisions of this act should be complied with accord- 
ing to terms, it is necessary that it should take effect and be in 
force from and after its passage; therefore an imperative public 
necessity and emergency exist requiring the suspension of the 
constitutional rule requiring bills to be read on three several 
days in each house, and that this act so take effect and be in 
force from and after its passage, and it is so enacted. 1 

The Community System 

This system was indigenous to Texas. It was practically the same 
system in vogue from 1854 to 1861, except that no local fees or taxes 
were used to supplement the State bounty. A number of counties con- 
tinued to cling to this method of organization, although it was strongly 
condemned by every State Superintendent and educational leader. It 



'Gammel's Laws of Texas. Vol. 9, (924). 



Education in Texas 831 

was finally done away with in 1908 in the 13 counties in which it still 
survived. 

SUPERINTENDENT COOPER'S VIEW 

T have elsewhere adverted to the obstruction which this sys- 
tem interposes in the way of local taxation. If this be not the 
vital principle of this system I am utterly unable to understand 
the. reasons for its continued existence. The separation of the 
children of the two races does not require the system, for many 
of the counties already districted, such as Harris, Brazos, and 
Harrison, have large colored populations. No friction from this 
cause has been reported in any of these counties. It is not 
required by sparseness of population, for nearly all of the sparse- 
ly settled western counties, including even unorganized counties, 
are working well under the district system. A good district 
system is superior in every way to the community system. Its 
superiority is clearly shown by the following comparative sta- 
tistics : 

1887-8 District Community 

Average school term 5.26 4.93 

Average teachers' salaries — annual $223.41 $192.56 

" —monthly $42.47 $39.03 

Percentage of enrollment on scholastic popu- 
lation 82 74 

No friend of public schools can study and understand the 
meaning of these facts without deploring the continuance of the 
community system. It is demonstrated by them that the average 
school term, the average salaries of teachers, the percentage of 
enrollment and the percentage of daily attendance, are all lower 
in community counties than in district counties. The causes of 
these differences need not be here analyzed, for the facts speak 
more strongly than any amount of reasoning. The perpetuation 
of the community system is an unmixed evil, and for it no 
apology can be made which is not hostility to the public school 
system. 1 

'Cooper, Oscar H. Sixth Biennial Report of the Superintendent of 
Public Instruction for the Scholastic Years Ending August 31, 1887, 
and July 1, 1888, 27. 



832 University of Texas Bulletin 

SOME DEFECTS IN THE SCHOOL SYSTEM 
SCHOOL HOUSES 

An examination of the statistical tables will disclose the start 
ling fact that while we had 8826 country schools reported as 
maintained during the year of 1887-8, we had only 3286 school 
houses, and that of this number only 1851 were reported as in 
good condition. No stronger evidence of the necessity for mak- 
ing better provisions for building and equipping school houses 
could be adduced. Five thousand five hundred and forty 
schools are not provided with any kind of a school house. They 
are temporarily housed in neighborhood churches, vacant barns 
or out-houses, and such other buildings as can be obtained for 
a nominal rental. In many counties the value of the common 
jail exceeds that of all the school property in the county! It is 
not possible to maintain a school successfully without a suitable 
school house properly equipped; and it is absurd to suppose that 
our school system can be generally efficient without adequate 
provisions for building school houses. Under our present law 
the price of a school house to a community is the suspension of 
the public school for a year. It is not strange that many peo- 
ple prefer to adopt any possible makeshift for a house rather 
than lose the opportunity of sending their children to school. 
Yet a good school house, properly located, adds essentially to the 
value of all the property of the community. But people who 
are taxed to support the schools are often loath to donate to the 
state a school house for the use even of their own children. 
The result is constant embarrassment to the trustees and to the 
school. Besides, it is safe to say that the majority of the school 
houses reported "good," have been constructed with little ref- 
erence to all the essentials of good school property, sanitation, 
ventilation, light, proper equipment, and ornamentation. The 
average value of the country school houses, with site and furni- 
ture, is only three hundred dollars, and more than five thousand 
schools have no houses at all. In the cities we find a state of 
affairs much more satisfactory. Here most of the schools are 
comfortably housed, and the houses are generally adequately 
equipped. The average value of the school houses in the cities, 



Education in Texas 833 

with grounds and furniture, is over eight thousand dollars. Of 
course, school property in the cities will always exceed in aver- 
age that of the country, but the disparity now existing in Texas 
is unnecessary and absurd. It is largely due to the fact that 
our laws authorize the municipal authorities of cities and towns 
to issue bonds to build school houses, while they do not authorize 
county authorities to pursue a similar course. It is obvious 
that more adequate provisions for building school houses should 
be made for the counties, and in the same way in which provis- 
ions have been made for the cities and towns in the state. School 
houses are public buildings, and under our present constitution 
the county authorities might be authorized by law to issue bonds 
to build school houses, as well as to build court houses and jails. 
Our present policy of making the erection of a school house de- 
pendent largely on private subscriptions does not accord with 
the principles on which public education depends, nor does it 
give us good school houses. The plan proposed would give us 
school houses which would be of permanent value, and the cost 
of erection and equipment would be distributed among those 
who in after years will enjoy their use. Moreover, it will pro- 
vide safe investment for many years for the permanent school 
fund; and the interest paid on this fund thus borrowed would 
be returned directly to the people as available school fund. 
Apart from the consideration of the glaring need of more and 
better school houses for the schools, it may be added that no 
possible investment of the school fund would add so much to 
the value of property in the state, or tend so strongly to attract 
to the state the most desirable class of immigrants, and multiply 
the number of comfortable and intelligent homes. Good school 
houses, properly equipped, will give vigor, stability, and high 
efficiency to our school system. 1 

'Ibid,, 22-23. 



834 University of Texas Bulletin 



OTHER DEFECTS 



I may, however, indicate here briefly what seem to me to be 
grave defects in the organic law : 

I. The absence of definite provision for local taxation. The 
ratio of local taxes levied in the United States to the state's 
apportionment is about four to one. In Texas, it is one to 
nine. The average per capita in Texas, including county and 
district funds, is about $5; in the United States, it is $9.15, 
while in Texas the scholastic age covers only eight years; in 
no other state is it less than ten years, and, in most, it is twelve 
years. 

II. The absence of any limitation or condition on which the 
apportionment may be wholly or partially withheld, such as 
failure to maintain schools, or failure to maintain schools a cer- 
tain length of time. 

III. The absence of definite provisions for the protection of 
Hie funds apportioned. 

IV. The composition and duty of the Board of Education. 
Much, however, may be done to improve the school system 

under our present constitution. 

CRITICISMS 

The conviction is well nigh universal that the state has not 
yet gone far enough in the development of the public school 
system, that the school term is too short, that much of the work 
done in the schools is not of the right quality, and that the dis- 
bursement of the school fund is not guarded with sufficient care. 
Such criticisms are not limited to the school system of Texas, it 
is true, yet as they come mainly from the friends of the school 
they deserve careful attention. 

If the faults alleged are real, they should be removed if pos- 
sible. 

The public school system of Texas receives a larger income 
from its endowment funds than that of any other state, and 
should not be inferior to the system of any state less favorably 



# 



Education in Texas 835 

conditioned. The thoroughness and efficiency of the school 
system are the best possible measure of the sensitiveness of the 
public conscience, for the education of the children is a duty 
which the present owes to the future. 

The stake of the parent in the correct education of his children 
is deep, but that of the state is deeper. The parent may be 
dependent on his children, but the state must be. The parent 
educates his children from motives of pride and benevolence; 
the state educates by the first law of its existence, that of self- 
preservation. Patriotism and philanthropy unite in fostering 
universal education, and utilize for this purpose the strong right 
hand of the law. 1 

THE ORGANIZATION OF THE HIGH SCHOOLS 

The organization or high schools was the final link in the evolution 
of the State Free School system. Seven high schools were put into 
operation before the opening of the University in 1883. The University 
and the high schools- have been vitally connected in their develop- 
ments. Up to 1890 there was a widespread opposition to the organi- 
zation and support of the high schools, and a heated controversy took 
place. The various views are presented. 

VIEWS OF STATE SUPERINTENDENT BAKER 

SECONDARY EDUCATION 

I believe that in this day the character of its public schools 
will determine how far a State has advanced in civilization. An 
intense desire for the ultimate success of the public schools of 
Texas makes me bold to call attention to a much mooted and 
very important subject. It has not yet been carefully consid- 
ered by any Legislature so far as I know, but there is no reason 
for longer delay. The object of providing free tuition for the 
child is to fit him for intelligent citizenship ; to enable him to 
participate in the privileges of a citzen and discharge the duties 
incumbent upon him as a member of society. It is rather a duty 
the government owes itself than to the child. This added to the 
fact that without free schools a great number of the people 
would be reared in ignorance of the privileges and duties of 

Ubid., 15-16. 



836 University of Texas Bulletin 

citizenship I conceive to be the only argument in support of a 
free school system. Just how far the state should go in thus 
preparing a child is a question of much moment. Shall the line 
be drawn at what is commonly termed secondary education, or 
shall the high school, having in its curriculum the higher mathe- 
matics, the sciences, and Latin and Greek, be supported? Is 
the high school necessary to mould the character of citizenship 
mentioned? I believe not. A thorough knowledge of orthog- 
raphy, penmanship, reading, English grammar, geography, arith- 
metic, and English composition, I believe amply sufficient for 
the purpose indicated. A knowledge of the branches taught in 
the high school may better prepare one for advanced thought 
and exalted position, but they are not necessary to the per- 
formance of the simple duties appertaining to the citizen. If 
what is termed the higher education is bestowed at the public 
expense the poor as well as the rich are taxed to bestow it. The 
children of these poor seldom go through the high school, no mat- 
ter if the tuition is free, because when ready for the branches 
taught in it they have arrived at the age of bread-winners and 
must work. Those who attend the high school are as a rule 
(and there are few exceptions to the rule) the sons and daughters 
of people who are so fortunate as to be able to educate their 
children at private schools. The high school therefore is in 
fact a school only for the fortunate few while the many are 
taxed for its support. Drawing as it does largely from the 
school fund, its teachers being paid higher salaries than other 
teachers, the terms of the primary and intermediate schools are 
shortened and the State is debarred from the privilege of in- 
creasing the scholastic age. They thus keep out of the schools 
children under eight and over sixteen years whose education the 
State has made itself responsible for, and cause the government 
to fail to comply with the constitutional provision declaring that 
a term of six months shall be maintained. These are potent 
reasons against the maintenance of high schools but they are not 
more potent than the simple one first stated: "the State does 
not owe the child the character of education they bestow." 1 



'Baker, Benjamin M., Fifth Biennial Report of the Superintendent 
of Public Instruction, 12-13. 



Education in Texas 837 

How Far Should Public Free Instruction Be Carried f 

This is an important inquiry. It is worthy of the careful con- 
sideration of the statesman who guides public sentiment. It 
should be carefully considered by the People themselves 

How far should public free instruction be carried in the com- 
mon schools? To what grade of advancement in studies should 
the State undertake to provide, as a system, for all, the advan 
tages of Public Free Institutions ? 



The State, with the revenues belonging to her available school 
fund, or with accidental revenues allowed by local taxation in 
school districts, should never attempt to undertake the educa- 
tion of the youth beyond giving them a primary education in 
the fundamental branches of knowledge. These branches em- 
brace : In Literature — Reading, Writing, Orthography, Gram- 
mar, and the elements of Composition and State History and 
outlines of General History. In Sciences — Physical and De- 
scriptive Geography in general lessons, Arithmetic, and the ele- 
ments only of Physiology, Hygiene, Physics and Chemistry. In 
Art — No studies except what may be discussed by teachers as 
mere pastimes. 

In referring to the Elements of Composition in the Depart- 
ment of Literature, the term is strictly applied. This branch, 
properly termed Rhetoric, should not be pursued beyond the 
ordinary stage at which the pupil is able to respectably com- 
municate his thoughts in writing. Grammar should be prac- 
tical — not the teaching of abstract rules. In the Department 
of Sciences, Descriptive Geography should be taught in grand 
outlines, without attempting to force on the memory as im- 
portant all the minor details concerning remote regions. The 
county, State and government in which the pupil lives should 
be studied, with important outlines and characteristics of dis- 
tant countries. Physical Geography should be discussed, and 
the scope of the science understood, without endeavor to mas- 
ter the details. The lessons in this branch of science, and in 



838 University of Texas Bulletin 

Physiology and Hygiene and Chemistry and Physics should be 
of the most general character. The outlines of these sciences 
should be unfolded so that the pupils may have a clear compre- 
hension of the scope of the subjects. No attempt at teaching 
details should be indulged. AVith this general knowledge in 
these branches, the pupil is prepared, with some intelligence 
and application, to pursue them without the aid of a master. 
The same remark applies to History. «No teacher is necessary for 
a student in History. It requires only a good memory and a 
love of reading to master history in its detail of facts — at least 
for preliminary historical studies. If these two requisites are 
lacking, the school will never supply them. To form a philos- 
ophy of history, is a study for mature minds. It must be left 
with the student as to what lessons history will teach him. 
Ordinarily, it is a waste of time to make the mere details of 
history a matter of study in schools and subjects of recitation. 
It requires no master ; and at most should be introduced only 
to awaken love for historical reading, and direct the mind as to 
what is important to retain, and how to group and classify. 

The essential branches, on which the State's teachers should 
labor, to make the youth thorough, are Reading, Writing, Or- 
thography, Practical Grammar and Composition with Arithme- 
tic and General Geography. The other studies mentioned are 
mere incidentals to lead the pupils to know their scope and how 
to study them. 

In laying down this syllabus of studies that should embrace 
the extent of State aid, and in giving to all a common free 
school education, it is not intended to imply that the student 
should cease his labors at this point. It is only insisted that 
here the State should cease her aid. Considering the State as 
a parent bird, when she has given her young nourishment and 
protection to this point that they all have equal strength — able 
to fly and seek food for themselves — sound in body, sound in 
mind, with natural instincts fully developed, and capacitated 
to soar higher, if they will strengthen their wings by practice 
and trial — they are ready to be pushed from the parent nest. 
It is not insisted that birds should not fly higher than their 



Education in Texas 839 

parent has attempted to lead them. It is insisted that the 
State should cease her efforts when she leaves her youth strong 
and well grounded in all the fundamental branches; and that 
it requires only their individual exertion, growing out of natural 
talent, habits, tastes and application to move onward to a higher 
development and more complete mastery of the various depart- 
ments of knowledge. 

At this stage of education, of course, it will not be contended 
that a youth dismissed from the State schools is able to fully 
understand his powers or his future mission in life, or to choose 
his occupation or profession. He has received, however, a stim- 
ulus that is sufficient to assist him on in the direction that his 
natural capacities should lead him to pursue. The withdrawal 
of State aid does not, necessarily, deprive the student of his 
power to advance. If he has genius, talent, or ambition, he 
will find aids in every quarter to assist him when he is unable 
to assist himself. It requires only application, on the part of 
the student, and the natural disposition to acquire knowledge, 
and the intellectual strength to use the knowledge acquired to 
advantage, to make the scholar when the rudiments are once 
mastered. 

When students are dismissed from public schools, equipped 
with the knowledge required to be taught, according to the syl- 
labus laid down in this article, they are turned into the world, 
or into the hands of the parent and guardian. Some will pause 
and pursue their search for knowledge no further. Some enter 
business — some, already weary of the drudgery and irksome- 
ness of study, throw away their books. Some, with the idea that 
with age and size they can battle with life, and require no more 
education, pause, or enter into active fields, as commercial men, 
as artisans, as farmers. They are tired of study, and eager to 
be independent. This class immediately enters upon work — ■ 
some as farmers, some as mechanics and artisans, some in com- 
mercial life. A few out of the number have aspirations for pro- 
fessions, and dream in their youth of renown. They have 
genius, love of study — ambition. This class will move on, and 
will always find that with perseverance they can acquire all that 



840 V Diversity of Texas Bulletin 

may be needed when the State has ceased her aid. True, it is, 
some graottd minds are forced into mere physical work; and 
poverty, family responsibilities and other accidents, prevent 
them from reaching that point in intellectual vigor and acquire- 
ments that will permit them to take the high places for which 
their minds are titled. Many of this class fall by the wayside 
for want of opportunity. 

There is a profound philosophy in this theory that the State 
should cease her care when she has given to her youth, through 
the common fund contributed by all her citizens, the fundamental 
principles of education ; and that she leaves them at this point 
to move for themselves, and carve out their own destinies. Were 
the State to go further, she would endanger the equilibrium of 
society, and divert her youth from their natural dispositions, 
habits and intellectual capacities, from falling into pursuits for 
which they are adapted, both by taste and actual qualifications. 
Let the State cease her direction at the point indicated; let the 
youth of the country fall into pursuits natural to it, and fill the 
various employments of life; and society is balanced, and no 
equilibrium between the classes of producers and consumers is 
disturbed. There will be some of the youth, who will with am- 
bitious longings continue their studies through all difficulties; 
and who will seek professional life. There will always be too 
many of this class. The State need never fear that she will lack 
material that boasts that it belongs to the purely intellectual 
order. The truth is, there is too much intellectuality. There 
will be no lack of youth seeking professions, even though the 
State gives no aid whatever. The supply will always exceed the 
demand. A large number of the youth dismissed from the pub- 
lic schools, grasping and eager, will seek commercial pursuits. 
A great class will become artisans. Another great class, and 
the most useful of all will fall into rural pursuits and become 
interested in the great farming and stock raising interests of 
the State. 

Without extending these illustrations too far, it is laid down 
as a plain proposition, that if the State cease her efforts, at the 
proper stage in her efforts to educate her youth, her youth will 



Education in Texas 841 

drift into pursuits for which they are adapted by taste and 
genius; and they will till all the varied pursuits of life; and the 
equilibrium in all the classes and occupations necessary to sup- 
port a i^reat, self-supporting state will be preserved. 

What will be the result if the State should insist on taxing 
the People to support a secondary system of instruction ; and 
should establish as a syllabus, or curriculum, for a system of 
high schools, and academies, in every neighborhood, that pupils 
should be taught the higher branches in the sciences and litera- 
tim and art studies.' And that the doors of institutions of this 
elass should be open to all until they were able to graduate with 
high honors as masters of the branches in high school or aca- 
demic course.' The branches taught would be in literature, 
psycology, elocution, rhetoric, some branches of theotics, history, 
ehronology, principals of law and government. In sciences, in 
the department geotics at least geography, outlines of geology 
and mineralogy, chemistry, botany and zoology; in mathematics 
(abstract) arithmetic, geometry, algebra; {applied) book-keep- 
ing, mensuration and elements of surveying and astronomy; in 
therapeutics, at least the outlines of anatomy, physiology and 
hygiene in an extended course ; in physics, all the departments — 
mechanics, hydrostatics, etc. In arts, drafting, with perhaps 
lectures in cesmies on painting, sculpture, music and poetry. 

Suppose the State should open, and support by taxation, 
schools in every quarter teaching these branches, into which the 
youth of the State would pass when they receive the benefits 
of primary instruction; and are, according to the theory ad- 
vanced, fit subjects to take care of themselves. Suppose, further, 
the greater part of the youth of the State enters these schools 
of secondary instruction, and pursues the course established, and 
are dismissed with all the honors they can take. Would there 
not be one hundred, where now there is one, who would abandon 
all idea of becoming artisans or tradesmen, mechanics and farm- 
ers, seeking to enter into professional life? 

How many young men and women, who would otherwise have 
fallen into happy and useful lives, for which their genius, habits 
and means fitted them, would be disturbed by this forcing of 



842 University of Texas Bulletin 

their characters by a system of secondary instruction to a dis- 
position for pursuits strange to their natural tastes and capaci- 
ties? 

Let the result be examined that would come from this turning 
of the youth from their natural proclivities. Their would be 
hundreds, where there is one, trying to live by professions. Met 
by higher genius in these pursuits, already overcrowded, without 
any strain by the State, their lives would prove failures; and 
with their aspirations raised — too proud to work — they become 
tramps and vagabonds. View the worthless that crowd the 
cities and towns of Texas. Are they unlettered young men and 
young women ? Quite the reverse. It will be found that they 
have, in general received the benefits of high school instruc- 
tion, either from parents or from some State — many have pass- 
ed through noted universities. They entered the struggle of life 
for honors — ambitious to work in vocations where hands would 
not be soiled. The genius was not in them. The intellectual 
hotbed in which they had been nurtured — these schools of sec- 
ondary instruction — destroyed all natural tastes, and instead 
thereof produced a growth of fungus aspirations and aims that 
had no soil. All that was good, and all for which they were 
adapted, had been destroyed by those who sang to them, with 
Siren voice, to look higher than to the dignified Occupation of 
artisan, farmer, stockman, mechanic or commercial life; and 
seek to be chiefs in the professions, or leaders in the councils of 
the State. They failed in their aims, both from want of genius, 
and from the crash of opposing masses, seeking for room in the 
same field of labors where were sought fame and renown. 

The trampism, vagabondism, idleness, and much of the crime 
of the country, have arisen from this distraction of youth from 
entering in pursuits for which their capacities fitted them; and 
into which they would have willingly fallen, and thus preserved 
themselves for a useful and honorable life. 

Let the Utopia be established, in which all the men and wo- 
men are educated to the highest point in literature, science and 
art. A state in which all the population are equally advanced, 
intellectually — all capacitated to fill any position in the govern- 



Education in Texas 84o 

ment — how will that natural division be made as to who shall 
fill the positions of "butchers, bakers and candlestick makers, 
etc.? This condition of society is, of course, impossible to em- 
brace any great population. Some readers may, perhaps, re- 
member the "Brook Farm" experiment that was tried by intel- 
lectual people, who were all supposed to be equal. Those who 
were assigned to duties, whose hands were always soft, and 
those whose palms became horny, were soon at war ; although the 
functions of each were necessary for the society — yet the horny- 
hand felt competent to play the part of the brother whose in- 
tellect alone was engaged. Strife for position — as to who should 
work — was the result, and "Brook Farm" was disbanded. It 
was a failure. 

There is some proper stopping point on which the State should 
halt in her endeavors to educate her youth. Taken for granted 
that the duty of the whole People of a State is to educate her 
youth, to prevent crime, induce prosperity, and give general 
happiness to her people — there is a limit beyond which her ef- 
forts should never extend. "When she moves over this bound, 
she will destroy the equilibrium in the occupations of her People 
and disturb her government. Producers and consumers in every 
government must be nicely balanced. When institutions are 
devised that will distract and disturb the youth of the country, 
from following vocations that are humble, profitable and neces- 
sary and honorable, they should be overthrown. 

True it is that these vocations are followed at the expense of 
the sweat of the brow; and their followers may not have hands 
as soft as the hands of the gently cared for woman. Better it 
is that they follow in the race in life, in vocations where they 
will be useful, honorable and happy, than to be failures in con- 
tending with the opposing foes who seek for soft places and re- 
nown. After all, were the happiness of mortals capable of 
being compared, who will assert that the worker who gains his 
bread, or his wealth, by brain work, is happier than he whose 
muscles and toil provide for his bodily want? The dignity, 
power and happiness in honest labor should be taught to our 
youth ; and they should be early indoctrinated with the idea that 



844 University of Texas Bulletin 

the State needs many occupations to keep it well balanced; 
and that mans chief happiness comes from his consciousness 
that he is filling his place well and that he is useful — doing duty 
to self, family and government. 

Let the State stop short, in educational work, when she has 
given the fundamental principles to her youth. Let her pause 
at this point ; and let her statesmen, and enthusiasts, be assured 
that when they advance beyond this, they are treading on dan- 
gerous ground, and will sow seeds that will rise like the teeth 
sown by Cadmus and destroy each other. 

It is trusted this article will not be misconstrued as an argu- 
ment against the education of the masses. It means that the 
State should cease her efforts at a certain stage. Rich and poor 
must be alike advanced. The rich will rise no higher were the 
State to attempt a system of secondary instruction — the poor 
will not be kept under should she refuse it. The meritorious 
will rise, in the future, as they have in the past. The unintel- 
lectual rich will stand where they properly belong — the pre- 
serving and intellectual poor will rise through their efforts to 
the places they seek. Society will stand balanced — the various 
occupations will be filled, and a general ecpailibrium of the 
whole social system wall be preserved, if the State makes no 
interference beyond giving all a preliminary education as point- 
ed out. To attempt more will be to produce disaster and dis- 
turbance greater than would exist were the State to sweep 
from her system all attempts at interference in the education 
of her People. 1 

STATE SUPERINTENDENT COOPER'S VIEWS 
GENERAL PRINCIPLES 

VII. Scope of the School 



There should be in each county a high school in which any 
one within the scholastic age who desired and had the ability to 






'Texas Review. Vol. T, 1886, 266-273. 



Education in Texas 845 

go beyond the course of instruction in primary and grammar 
schools, might fit themselves for active life or for entrance into 
a university. 

The county academy, for which provision was made by the 
Republic of Texas in 1839, was intended to supply this neces- 
sity. Provisions should be made for these schools, and children 
who are properly prepared should be admitted into them from 
any portion of the county in which the school is located. 1 



CLASSIFICATION OF THE SCHOOLS 



A high school should be selected or established in each county 
by the county commissioners court, with the approval of the 
county superintendent, to which any pupil of proper qualifica- 
tion within scholastic age, resident within the county, should 
be admitted free of charge. The establishment of . such high 
schools is entirely practicable. Under the name of county 
academies, provisions were made for them in the laws of 1839, 
and in the constitutions of 1845 and 1861. It was for this pur- 
pose that four leagues of land were originally appropriated to 
the several counties. These county high schools or academies 
should be located in every case so as to be accessible to the 
largest number of the people of the county. Healthfulness of 
location, cheapness of board, the advantages of established schools 
and local inducements offered, should govern the location of such 
schools. 

The course of instruction in these schools should be limited 
to three years, and to such subjects as are necessary to admit 
students to our university and its branches and to our normal 
schools, and to prepare them for active life. Legislative pro- 
vision for the support of these schools may justly be made by 
authorizing the commissioners court to appropriate from the 



1 Sixth Biennial Report of the Superintendent of Public Instruction 
for the Scholastic Years Ending August 31, 1887, and July 1, 1888 6. 



846 University of Texas Bulletin 

available county school fund so much as shall be necessary to 
supply the schools with competent teachers. It was for this pur- 
pose that this county fund was originally created by the Re- 
public of Texas, and its application in accordance with this pur- 
pose is not forbidden by the present constitution. 1 



HIGH SCHOOLS AND ACADEMIES 

The high schools and academies in the state, as reported, 
number 147. Of these, 57 belong to the independent school dis- 
tricts, i. e., the city and town school corporations. From some 
of these, some of our most satisfactory young teachers are ob- 
tained. Their graduates are generally successful in competitive 
examinations for teachers' positions. Such of these as provide 
normal courses of study might well be encouraged in the good 
work of preparing teachers, by granting to them power to issue, 
on certain conditions, teachers' certificates. I earnestly recom- 
mend that provision be made by law for free tuition in some 
high school in each county for such students in the county as 
are shown by examination to be qualified to enter upon a high 
school course. If this were done we should have connecting 
link between the common schools and the higher institutions, a 
desideratum in our school system. 2 



Ubid., 29. 
-Ibid., 33. 



Education in Texas 847 

TO THE PEOPLE OF TEXAS 

An Address 

by the 

Board op Regents op University op Texas 

the university anp the public schools 

A further point in regard to the University is generally over- 
looked and some times so misconceived that persons who should 
be its warm advocates are found in opposition. The University 
is the keystone of the free school system. "Without the Uni- 
versity that system is a mutilated torso. The development of 
the schools and that of the University are independent. This 
was the principle .laid down in the beginnings of Texas; to deny 
it is to assert that the gates of the higher education must be 
closed upon the poor, that the benefits of it must be refused 
them and that, save in cases where private charity or extraor- 
dinary energy make an exception, the poor must be shut out 
from participation in the heritage which the toil of the ages has 
laid up. The true interests of the public schools and of the 
University do not merely harmonize, they are identical. The 
stimulating influence which it has already exercised to their 
betterment and to the increase of their efficiency is great and is 
growing rapidly in depth and in extent. At the outset, not 
seeing that a system without a head must needs fail of its broad- 
est and deepest utility and waste much of its power, many who 
cherish the free schools antagonize the University. If in ten 
years, in the teeth of opposition and assault, the University has 
overcome the greater part of this antagonism and mistrust and 
gained in its stead good will and co-operation, the beneficient 
and vivifying influence that in the future the University must 
exert will be enormous — unless it be stunted and starved in its 
growth by an ill-starred passimony that is at once suicidal and 
unworthy of a great and prospering commonwealth. By the 
system of affiliated High Schools, which is being developed and 



848 University of Texas Bulletin 

extended from year to year, the organic connection of University 
and schools is an accomplished fact. Any interdiction of its 
growth will infallibly harm them; all promotion of its growth 
necessarily redounds to their expansion; improvement and nor- 
mal development. The history of education establishes beyond 
contestation that the vital impulse always proceeds from the 
higher institutions and the only way truly to raise schools to 
their full efficiency and to keep them in this condition is through 
the full efficiency of the places of the highest learning. The 
wise friend of the free schools — ne who can see beyond the im- 
mediate and beneath the surface — is of necessity the ardent 
champion of the University. 

The Board of Regents of the University of Texas. 1 



The State's Duty to Common Schools and the University 

Contrasted. 

When the State imparts primary instruction as a public duty. 
it is not clone so much to extend the bounds of knowledge as to 
transmit that already possessed, and necessary for intelligent 
citizenship, to as many of the rising generation as will receive 
it. 

But when a State establishes and endows a University, its 
object must be discovered in the public duty to train, for its 
own future use and .glory, true tallent whereever found among 
its children, to conserve civilization and stimulate to future dis- 
covery. 

The mission of the common free school is to transmit that 
knowledge which even the most common understanding may 
acquire, and which every citizen, no matter what his sphere of 
action, should possess. 

The mission of the University is to furnish and equip those 
minds fitted by nature to acquire it, with that learning which 
can only be gained with time and labor, and to sustain in each 
department scientific explorers after further knowledge. The 



l To the People of Texas. An Address by the Board of Regents of 
University of Texas, 8. 



Education in Texas 849 

one prepares the average mind of every class for the ordinary 
duties of civil life ; the other acts as a medium to transmit to the 
studious enquirer all in science and art that human labor has 
accomplished, and whose ministering priests in their studios and 
laboratories are working and exploring pioneers, in advance of 
human discovery. 



Schools for Secondary Education Needed 

But every effort to popularize university education will be 
abortive, unless a healthy public sentiment shall build up in 
Texas academies and preparatory colleges, in which material for 
universities may be supplied. What avails it to fill our univer- 
sity chairs with the ablest talent in America if we require it to 
perform here such work only as is done in preparatory schools? 
And yet that is just what these learned gentlemen have been par- 
tially doing, for the want of material prepared for instruction in 
a university course. Academies are needed to give secondary in- 
struction so necessary in the preparation of those who come here, 
and who will afterwards become controlling classes in govern- 
ment. For there always should be, and will be, such classes, who 
are managers of capital, leaders in enterprise, chiefs in civil of- 
fice, teachers in art and science, and in social and mental refine- 
ment. That leaders are sometimes uncouth and unlearned only 
proves the general rule that educated brain controls ignorance 
by the very rarity of the exceptions ; and the State always suffers 
in the end from the exceptions. 

What shall it avail us to keep wide open the doors of the Uni- 
versity for the youth of Texas if we must forever be engaged in 
the work of preparing them for entrance upon a university course 
after their arrival ? It is time that zeal for education should be- 
gin to become a zeal which will direct some of its energies to 
building up grand furnishing schools for the reception of native 
talent, which now hungers unsatisfied, finding but few half-way 
houses between the common free school and the universities. 1 



'Terrell, Judge A. W. Address before the Athenaeum and Rusk 
Societies, June 13, 1884. 



850 University of Texas Bulletin 

secondary instruction 

High Schools 

Of public high schools, as such, there is no specific information 
for 1877, beyond the fact that a school of this class, established in 
1875-76, crowned the school system of the city of Brenham. The 
course of 3 years includes Virgil and Cicero in Latin, and the 
Anabasis, Crito, and Iliad, in Greek, with a good selection of Eng- 
lish studies, and instruction in German throughout. Under the 
school laws of this State for some years past private academies, 
on receiving and teaching such pupils as required secondary 
training, have been allowed compensation out of the public school 
fund. Probably many schools of this kind — half private, half 
public — exist in the State. 1 

SECONDARY INSTRUCTION 

Public High Schools 

No estimate can be given as to the number of public schools 
making provision for instruction in the higher branches, but it 
would appear that such facilities are offered in most of the larger 
and in some of the smaller cities. Houston reports an enrollment 
of 99 in the high school there ; Brenham, of 48 ; Denison, through 
the Eclectic Teacher, reports a high school class of 10 connected 
* with her system of graded schools. The high school at Brenham 
provides two courses of study, a classical and a scientific, each 
covering 3 years. 2 

SECONDARY INSTRUCTION 

Public High Schools 

Information in regard to schools of this class is even more mea- 
gre than in former years. In 1879- '80 it was known that such 
schools were sustained in Brenham, Denison, Houston, and San 



Report of the United States Commissioner of EducaMon 1877, 246. 
2 Ibid., 1878. 236. 



Education in Texas 851 

Antonio. In 1881 Weatherford reported a class in the first grade 
of the high school and Austin a 4-years' course, but no statistics 
for that grade. 1 

SECONDARY INSTRUCTION 

Public High Schools 

The State report gives no information in regard to public high 
schools. The city of Houston in 1882- '83, reported 1, with an 
enrollment of 75 pupils and an average attendance of 55 and two 
4-year courses of study, a classical and a general, the former in- 
cluding Latin, the latter French or German. By special ordi- 
nance of the city council, in order to render high school pupils 
eligible to free tuition, the school age was raised from 14 to 18 
years. 2 

ORGANIZATION OF PUBLIC HIGH SCHOOLS 
y ear Enrollment 

1875-76 Brenham 

1878 Brenham 48 

Houston 99 

Denison 10 

1879 San Antonio 

1880 Sherman 

1881 Austin — 4-year course. 

Weatherford 

1884 El Paso 

Fort Worth 
Waco 

1885 Galveston— Ran to 10th grade 

Marshall 



nbid., 1881. 249. 
2 IM(l., 1883-84. 246. 



852 University of Texas Bulletin 

BIBLIOGRAPHY 

BIBLIOGRAPHIES 

Raines, C. W. 

A Bibliography of Texas: being a Descriptive List of Books, Pam- 
phlets, and Documents relating to Texas in Print and Manuscript, 
since 1536. 1896. 

GENERAL HISTORIES OF TEXAS 

Bancroft, H. H. 

History of the North Mexican States and Texas. "Vols. I and II, 1889. 

Barker, Potts, and Ramsdell 
A School History of Texas. 1912. 

Bolton, Herbert E. 

Guide to Materials for the History of the United States in the Prin- 
cipal Archives of Mexico. 1913. 

Brown, John Henry 

History of Texas from 1685 to 1892. Two vols. 1893. 
Davis, M. E. M. 

Under Six Flags, The Story of Texas. 
Garrison, George P. 

Texas — A Contest of Civilization. 1903. 
Morphis, J. M. 

History of Texas. 

Pennybacker, Mrs. Anna J. 
A New History of Texas. 1908. 

Thrall, H. S. 
A History of Texas from the Earliest Settlements to the year 1885. 
A Pictorial History of Texas, from the Earliest Visits of European 
Adventurers to A. D. 1879. 

Wooten, Dudley G. 

A Comprehensive History of Texas. 1685 to 1897. Two vols. 
Yoakum, H. 

History of Texas from Its First Settlement in 1685 to Its Annexation 
to the United States in 1846. 

HISTORY OF EDUCATION IN TEXAS 

Bancroft, H. H. 

History of the Northern Mexican States and Texas. Vol. II, 539-54 7. 



Education in Texas 853 

Carlisle, Jas. M. 

The Public School System, of Texas. In Galveston News. July 20, 

1893 
The State for Education. Address before the City Teachers' Insti- 
tute. Galveston, 1894. In Galveston News, December 9, 1894. 7. 

Goodwin, Cora Alise 
An Historical Survey of the Administration and Supervision of Texas 
Schools. (M. A. Thesis, University of Texas Library, 1914.) 

Hollingsworth, 0. N. 

History of Public Education in Texas and the Material Resources 

of the State. An Address. 
History of Public Education in Texas. In Texas Law Journal, Vols. 

I and II. August 21, 1878. (Not seen.) 

Johnson, Barker and Winkler 

A History of Texas and Texans. (Notes on counties, towns, schools 
and biographies.) 

Lane, J. J. 

History of Education in Texas. 1903. 

History of Education in Texas. United States Bureau of Education. 

Circular of Information, No. 2, 1903. 
The Educational System of Texas; An Account of the Public Free 

Schools, University, and Some Private Institutions. In Wooten's 

A Comprehensive History of Texas. 

Mayo, A. D. , . . . 

The Common School in the Southern States Beyond the Mississippi 

River, from 1830-1860. In Report of the U. S. Commissioner of 

Education, 1901, Vol. 1, 394-401. 
The American Common School in the Southern States during the 

First Half Century of the Republic, 1790-1840. In Report of the 

U. S. Commissioner of Education, 1896-97. Vol. I, 325-329. 

Monroe, Panl (Ed.) 

Cyclopedia of Education. Art.; Texas; Educational History. 

Raines, C. W. 

History of the Department of Education. In Yearbook. Vol. I, 

139-141; Vol. II, 300-303. 

. (Sneed, S. G.?) 

History of Public Free School Systems in Texas. In Texas Review, 

Vol. I, 257-266. January, 1886. 

Stuart, Ben C. 

Old Time Schools. In Galveston Daily News, April 7, 1907. M. 

TJ S Commissioner of Education 

Texas. Historical Sketch of the State School System. In Report 
of the U. S. Commissioner of Education. 1876, 383-386. 

Texas Schools. Historical Review. In Texas Almanac for 1873, 
151-156. 



854 University of Texas Bulletin 

SPECIAL COLLECTIONS 

Austin Papers. The University of Texas. Arranged in order 
of dates. 

Bexar Archives. The University of Texas. Arranged in order 
of dates. 

Brazoria County Papers. Rosenberg Library, Galveston. 

Bryan Papers. The University of Texas. Arranged in order 
of dates. 

Lamar Papers. Texas State Library. Arranged in order of 
dates. 

Nacogdoches Papers. Texas State Library. Arranged in order 
of dates. 

The Correspondence and Library of Wm. Carey Crane, Presi- 
dent of Baylor University, now in possession of his son, R. C. 
Crane, Sweetwater, Texas. (This collection is valuable for 
Education after the war to 1880, and for the History of Bap- 
tist Institutions.) 

Roberts (0. M.) Papers. The University of Texas. 

Smith (Ashbel) Collection. The University of Texas. 

BIOGRAPHICAL SOURCES 

Arthur, Mrs. Dora Fowler 

The Reverent Littleton Fowler, Missionary to the Republic of Texas. 

In The Texas Methodist Hist. Quart. Vol. I, 117-138. 
Annals of the Fowler Family. 1901. 

Ayers, David. 

Reminiscences of David Ayers. In Texas Methodist Hist. Quart. 
Vol. I, 39-44. 

Baker, D. W. C. 

A Texas Scrap-Book. Made up of the History, Biography, and Mis- 
cellany of Texas and Its People. 

Baker, William M. 

The Life and Labours of Rev. Daniel Baker, D.D., Pastor and Evan- 
gelist. 1859. 

Beazley, Julie 

Mirabeau B. Lamar: The Man Who Founded the Public School Sys- 
tem of Texas. In Texas Magazine, Houston, Vol. 2, 59-62, Dec. 1911. 



Education in Texas 855 

Bishop, Horace 

Andrew Davis, Pioneer Preacher and Christian Gentleman. In Metho- 
dist Hist. Quart. Vol. I, 97-116. (Valuable for information regard- 
ing J. W. P. McKenzie.) 

Brown, John Henry 

Life and Times of Henry Smith, the First American Governor of 
Texas. 1SS7. 
Clopton, Dr. A. G. 
An Eulogy, on the Life and Character of Dr. Ashbel Smith, Delivered 
at the Texas State University Commencement, 1886. 

Cody, C. C. 

Rev. Martin Ruter, A.M., D.D., In Texas Methodist Hist. Quart. 

Vol. I, 7-38. 
The Life and Labors of Francis Asbury Mood, D.D. 1886. 

Crane, William Carey 

Life and Select Literary Remains of Sam Houston of Texas. Two 
vols, in one. 
Clark, Randolph 

Reminiscences ; Biographical and Historical. 1919. 
Daniel, L. E. 

Texas; the Country and Its Men. Historical, Biographical and De- 
scriptive. 
Types of Successful Men of Texas. 1890. 
Fontaine, Lamar 

My Life and My Lectures. 
Hall, Claude V. 

A Sketch of the Life and Work of Joseph Baldwin. In Texas School 
Journal, Vol. 27, 6-11, Oct. 1909. 
Haynes, Harry 

Dr. Rufus C. Burleson, In Quarterly Texas State Hist. Assoc. Vol. 
5, 49-60. 
Haynes, Harry et al. 

Life and Writings of Dr. Rufus C. Burleson, 1901. 
Helm, Mrs. Mary S'. 

Scraps of Early Texas History. 1884. 
Kenney, M. M. 

Recollections of Early Schools. In Quarterly Texas State Hist. 
Assoc. Vol. 1, 285-296. 
Kimbrough, W. H. 

Life Sketches of Superintendent J. M. Carlisle. In Texas School 
Journal, March 1892. 
Kleburg, Rosa 

Some of My Early Experiences in Texas. In Quarterly Texas State 
Hist. Assoc. Vol. 1, 297-302. 



856 University of Texas Bulletin 

Koons, R. R. 

The Life and Educational Services of Governor Oran M. Roberts. 
(M. A. Thesis, 1920, University of Texas Library.) 
Kuykendall, J. H. 

Reminiscences of Early Tecans. In Quarterly Texas State Hist. 
Assoc. Vol. 6, 236-253, 311-330; Vol. 7, 29-64. 
Lee, Mrs. A. J. 

Rev. J. W. Kenney, In Texas Methodist Hist. Quart. Vol. I, 45-55. 
(Valuable also for information regarding Miss L. A. McHenry.) 

Some Recollections of Two Texas Pioneer Women. In Texas Metho- 
dist Hist. Quart. Vol. I, 207-213. (Valuable for information re- 
garding Miss L. A. McHenry.) 

Linn, John J. 

Reminiscences of Fifty Years in Texas. 1883. 
Lubbock, F. R., (Raines, C. W. Ed.) 

Six Decades in Texas; or, Memoirs of Francis Richard Lubbock. 
1900. 
McLean, John H. 
Rev. John W. P. McKenzie, D.D. In Texas Methodist Hist. Quart. 

Vol. I, 61-66. 
Anecdotes and Incidents of Dr. McKenzie. In Texas Methodist Hist. 

Quart. Vol. I, 214-216. 
Reminiscences of Rev. Jno. H. McLean, A.M., D.D. 1918. 
Brief Mention of McKenzie Students. In Texas Methodist Hist. 
Quart. Vol. 1, 150-161. 
Morrell, Z. N. 

Flowers and Fruits from the Wilderness. Thirty-Six Years in Texas 
and Two Winters in Honduras. Boston, 1872; St. Louis, 1882; 
Dallas 1S86. 
Pritchett, Henry Carr 

Dr. Joseph Baldwin's Life and Character. In Texas School Maga- 
zine, Vol. 3, 5-8. February 1900. 
Ramsclell, Charles W. 
Martin McHenry Kenney, In Quarterly Texas State Hist. Assoc. Vol. 
10, 341-342. 

Rankin, Melinda 
Texas in 1850. 

Twenty Years Among the Mexicans: A Narrative of Missionary 
Labor. 1875. 
Shipman, Daniel 

Frontier Life. 
Simonds, Frederic "William 

Dr. Joseph Baldwin. In University of Texas Record. Vol. 1, 181- 
182, April 1899. 



Education in Texas 857 

Smith, Ashbel 

Reminiscences of Texas Republic. 1876. 
Smith, Ernest Ashton 

Martin Ruter, 1915. 
Smithwick, Noah 

The Evolution of a State, or Recollections of Old Texas Days. 
Wooten, Dudley G. 

The Life and Services of Oran M. Roberts. In Quarterly Texas State 
Hist. Assoc. Vol. 2, 1-20. 



Joseph Baldwin, In Texas School Journal, Vol. 17, 445-446. February 

1899. 
The Encyclopedia of the New West (for Biographical sketches of 

Hollingsworth, Burleson R. C, McKenzie, Pease, Roberts, etc.). 
Rev. Rufus C. Burleson, D.D., LL.D., In Texas Historical and 

Biographical Magazine, Vol. I, 238-246. 
Pen and Ink Sketch, No. V., the Rev. Chauncy Richardson, A.M., of 

the Texas Conference. (Dean Cody's Library.) 
J. W. P. McKenzie, Founder of McKenzie College. In Encyclopedia 

of the New West. 
Sketch of Thomas J. Pilgrim. In Texas Historical and Biographical 

Magazine. Vol. I, 366-370. 

SPECIAL LOCAL HISTORIES 

CITIES AND TOWNS 

Brenham 

Historical Sketch of the Public Schools of Brenham. In Texas Jour- 
nal of Education. Vol. 1, No. 1, 20. Garrett, C. C. 
Corpus Christi 

The Story of Corpus Christi, 1916. Sutherland, Mrs. Mary A. 
Deuison 

The Denison Public Schools, Historical Sketch. In Texas School 
Journal. 150-152. Somerville, N. 

Fort Worth 

Reminiscences of the Early Days in Fort Worth, 1906. Terrell, J. C. 
Fredericksburg 

Fest-Ausgabe zum fiinfzigjiihrigen Jubilaum der Deutschen Kolonie 
Friedrichsburg. 
Galveston 

Galveston Public Schools. History and Present Organization. In 

Galveston Neivs. Oct. 2, 1905, 8. Littlejohn, E. G. 
History of Texas Together with a Biographical History of the Cities 
of Houston and Galveston, 1895. 



858 University of Texas Bulletin 

t 

Houston 

Standard History of Houston, Texas. Carroll, B. H. 
San Antonio 

The Municipal Government of San Fernando de Bexar, 1730-1900. In 

Quarterly Texas State Hist. Assoc. Vol. II, 275-352. Austin, Mattie 

Alice. 
The San 'Antonio Public ScJiool System; A Survey. January, 1915. 

Bobbitt, J. F. 
The Catholic School System in the United States, Mexico, Texas. 36-49. 

Burns, Rev. J. A. 
San Antonio de Bexar. Corner, Wm. 
Educational Efforts in San Fernando de Bexar. In Quarterly Texas 

State Hist. Assoc. Vol. VI, 27-63. Cox, J. I. 
"Waco 

Waco and McLennan County, Texas . . . Historical Sketches, 

etc. (Pictures of Waco University and Waco Female College.) 

Sleeper, John, and Hutchins, J. C. 

COUNTIES 

Angelina 

History and Description of Angelina County, 1888. Halton, E. W. 
Comal 

Short History of Comal County, 1877. Seele, Hermann. 
Dallas 

History of Dallas County, 1837-1887. Brown, Jno. Henry. 
Memorial and Biographical History of Dallas County. 1892. 
Eastland 

History of Eastland County, Texas. Langston. Mrs. George. 
Ellis 

A Memorial and Biographical History of Ellis County, Texas. 1892. 
Harris 

Harris County, 1822-1845. In Southwestern Hist. Quart. Vols. XVIII, 
195-207, 261-286, and XIX, 37-64. Looscan, Adele B. 
Hill 

A Memorial and Biographical History of Johnson and Hill Counties, 
Texas, 1892. 

Hood 
A History of Hood County from Its Earliest Settlement to the 
Present, etc. 1895. Ewell, Thomas F. 
Hnn^svillc 

The Old Town of Huntsville. In Quarterly Texas State Hist. Assoc 
III, 265-278. Estill, H. F. 






Education in Texas 859 

Johnson 

History and Description of Johnson County, etc. 1879. Byrd, A. J. 
A Memorial and Biographical History of Johnson and Hill Counties, 
Texas. 1892. 
Leon 

Sketch of the Early Settlement of Leon County, Its Organization, and 
Some of the Early Settlers. In Quarterly Texas State Hist. Assoc. 
Vol. IV, 203-217. Wood, W. D. 
McLennan (see Waco) 
Nacogdoches 

History and Description of Nacogdoches County. Halton, E. W. 
Parker 

Historical Sketch of Parker County, Texas. 1877. Smythe, Henry. 
Victoria 

Some Historical Facts in Regard to the Settlement of Victoria, 
Texas; Its Progress and Present Status, 1883. Rose, Victor M. 
Washington 

Centennial Address, Embracing the History of Washington County, 
Texas. At the Fair Grounds, Brenham, July 4, 1876. Crane, Wm. 
Carey. 
The History of Brenham and Washington County. 1915. Penning- 
ton, Mrs. R. E. 
Early History of Washington County. In Proceedings Fourth Annual 
Reunion of Old Settlers' Assoc, of Bell County, 1902; also for 1903. 
Wedemeyer, C. H. 

Wise 

Pioneer History of Wise County. 1907. Cotes, Cliff D. 

Williamson 

Historical Sketch of First Settlement and Organization of William- 
son County. 1904. Makemson, W. K. 

ANNUAL REPORTS, ANNOUNCEMENTS, CATALOGUES, COURSES 

OF STUDY, RULES AND REGl UjATIUJNS, PLAJNS 

AND ORGANIZATION. 

CITIES AND TOWNS 

Albany 

Announcement and Course of Study, 1907-08. 
Abilene 

Annual Report and Course of Study, 1898-99 ; 1902-3-4. 
Amarillo 

Announcement, 1900-01 ; 1911-12 ; 1913-14. 
Angleton 

Announcement, 1904-05. 



860 University of Texas Bulletin 

Anson 

Catalogue, 1896-97; 1908-09. 

Announcement of High School, 1902-03. 
Arlington 

Announcements and Course of Study, 1904-05; 1908; 1911; 
1913; 1916; 1919. 
Austin 

Second Annual Report, 1882-83; 1884-85; 1888-89; 1894- 
95; 1895-96; 1898-99; 1901-02; 1907. 

Catalogue of Allan Manual Training School, 1901-02. 

Course of Study of the Public Schools, 1904; 1909-10; 1910- 
11; 1911-12; 1913-14; 1915-16; 1916-17; 1920-21. 

Rules and Regulations, 1916-17; 1920-21. 

Handbook of the Austin High School, 1913. 
Ballinger 

Rules and Regulations and Course of Study, 1896-97; 1898- 
99; 1911-12. 
Bartlett 

High School Course of Study, Announcement, 1897-98. 
Bastrop 

Organization, etc., 1896; 1899-1900. 

Course of Study, 1894. 
Beeville 

Course of Study, 1900-01. 
Bellville 

Course of Study, 1896; 1898; 1903-04. 
Berry Creek 

Catalogue of High School, 1896-97. 
Beaumont 

Course of Study and Rules and Regulations, Public Schools, 
3899-00; 1902-03; 1903-04; 1910-11; 1912-13; 1913-14. 
Belton 

Third Annuul Report, etc., 1885 ; 1900-01 ; 1901-02. 

Announcement, 1902-03; 1903-04; 1904-05; 1905-06; 1906- 
07; 1907-08; 1908-09; 1911-12. High School, 1909. 
Blanco 

Catalogue of High School, 1885-86; 1886-87; 1888-89: 
1903-04. 



Education in Texas 861 

Blooming Grove 

Catalogue of High School, 1901-02. 
Bonham 

Course of Study, 1899-1900; 1903-04; 1910-11. 
Bowie 

Course of Study, 1897-98; 1902-03; 1911-12. 
Brady 

Course of Study, 1906-07. 
Brackenridge 

Course of Study, 1907-08. 
Brenham 

Eighth Annual Report of the Superintendent of the Public 
Schools of Brenham, J. E. McGuire. (Mentioned in The 
Texas School Journal. Jan., 1881.) 1887; 1888; 1889; 
1890; 1891; 1892; 1893; 1894; 1895; 1896; 1897; 1898; 
1900-01; 1901-02; 1902-03. 
Brownwood 

Annual Announcement, 1897-98 ; 1898-99 ; 1901-02 ; 1902-03 ; 
1905-06. 
Bryan 

Announcement and Course of Study, 1898-99. 
Burnet 

Catalogue and Announcement of High School, 1896-97; 
1899-00; 1910-11. 
Calvert 

Report and Announcement, 1902-03. 
Cameron 

Annual Report, 1895-96; 1896-97; 1897-98; 1900-01. 
Course of Study, 1902-03; 1903-04; 1905-06. 
Canyon 

City Public Schools, 1912-13. 
Carthage' 

Catalogue and Announcement of High School, 1902-03. 
Center 

Course of Study, 1902-03; 1903-04; 1908-09. 
Cisco 

Coures of Study, 1899-00; 1903-04; 19D4-05 ; 1909-10; 1910- 
11; 1912-13; 1919-20. 



862 University of Texas Bulletin 

Clarendon 

Rules and Regulations, 1892-93. 
Clarksville 

Course of Study, etc., 1902-03. 
Cleburne 

Annual Report, 1896-97. 

Course of Study, 1902-03; 1901-05; 1906-07; 1910-11. 
Coleman 

Announcement, 1904-05. 

Course of Study, 1912-13. 
Columbus 

High School, 1901. 
Comanche 

Courses of Study, etc., 1902-03; 1903-04; 1904-05; 1906-07; 
1912-13. 
Copperas Cove 

High Sdhool, 1898-99; 1899-00; 1900-01. 
Covington " 

High School, 1899-00. 
Crockett 

Course of Study, etc., 1902-03. 
Cuero 

Course of Study, 1895-96 ; 1901-02. 

High School, 1902-03. 
Corsicana 

Course of Study, 1894-95; 1911-12; 1914-15. 

Annual Reports: Third, 1884-85; 1886-87; 1887-88; 1888- 
89; 1889-90; 1890-91; 1894-95; 1897-98; 1898-99; 1899- 
00; 1900-01; 1901-02; 1911-12; 1914-15. 
Dallas 

Course of Study in the Primary Schools, 1887. 

9th Annual Report, 1892-93; 1895; 1897; 1898; 1899. 

9th Biennial Report, 1902 ; 1910 ; 1912. 
Decatur 

Course of Study, etc., 1891-92. 
Denison 

Report, 1897-98; 1902-03; 1913-14. 
Denton 

Course of Study, 1893-94; 1901-02; 1903-04; 1911-12. 



Education in Texas 863 

Devine 

Hig% School, 1900-01; 1903-01. 
Dublin 

Organization, Course of Study, etc., 1896-97; 1901-02; 
1902-03; 1912-13. 
El Campo 

Fourth Annual Report, 1904-05. 
Eddy 

High School, 1897-98. 
Eldorado 

Course of Study and Rules and Regidations, 1905-06. 
Elgin 

Sixth Annual Announcement, 1904-05. 
Ennis 

Course of Study, etc., 1902; 1904-05. 
El Paso 

Report of PuMic Schools, 1886-87; 1897-98; 1899-00; 1901- 
02; 1903-04; 1908-09; 1914-15; 1915-16. 
Flatonia 

Catalogue, 1896-97. 
Floresville 

Catalogue, etc., 1899-00. 
Forney 

Catalogue, 1898-99. 
Franklin 

Announcement, etc., 1902-03. 
Frost 

High School, 1903-04. 
Fort Worth 

Ninth Annual Report, 1891. 

Fifteenth Session, 1896-97. 

Seventeenth Session, 1898-99 ; 1901-02. 

Report, 1910; 1913. 

Course of Study, 1893-94; 1894-95. 

Manual, 1902-03 ; 1903-04 ; 1916. 
Gainesville 

Course of Studij, 1896-97; 1897-98; 1902-03; 1904-05; 1911- 
12; 1914-15. 



864 University of Texas Bulletin 

Garland 

Report, 1912. 

Gatesville 

Catalogue, Announcement, etc., 1902-03; 1903-01; 1905-06. 
Goldthwaite 

Fifth Annual Announcement, High School, 1895-96. 
Gonzales City 

Annual Report, 1896-97; 1901-02. 
Graham 

Report, 1897-98; Annual Announcement, 1904-05. 
Grandview 

Announcement, 1909-10. 
Granger 

Granger Public School, 1903 ; 1912-13. 
Grapeland 

Course of Study {undated) • 1906-07. 
Greenville 

Rules and Regulations amd Course of Study, 1898-99; 1904- 
05; 1912-13; 1913-14. 
Groesbeck 

Announcement, etc., 1897-98. 
Galveston 

Fourth Annual Report, 1885; 1888; 1889; 1891; 1911. 

Course of Study, etc., 1897-98; 1901-02. 
Hearne 

Rules and Regulations, 1896-97. 
Hempstead 

Rules, Regulations, Course of Study, 1893. 
Henrietta 

Course of Study, etc., 1912-13. 
Hereford 

Rules, Regulations and Course of Study, 1910-11; 1911-12. 
Hico 

Ninth Annual Announcement, 1904-05. 
Hillsboro 

Fourteenth Annual Catalogue, 1899-00; 1903-04; 1904-05. 
Honey Grove 

Announcements, 1897-98. 

Ninth Annual Report, 1899-00; 1903-04. 



Education in Texas 865 

Houston 

Annual Report, 1893-94; 1894-95; 1896-97; 1897-98; 1900- 
01; 1902-03; 1903-04; 1905-09; 1910-14; 1915-16. 
Houston Heights 

Rules, Regulations and Course of Study, 1912-13. 
Hubbard 

Course of Study, etc., 1900; 1903-04; 1907-08; 1914-15. 
Itasca 

Catalogue, High School, 1896-97. 
Announcement, 1901-02. 
Jacksonville 

Catalogue and Announcement, 1902-03. 
Johnson City 

Fifth Annual Catalogue, 1897-98. 
Junction 

Catalogue, 1904-05 
Karnes City 

Course of Study, etc., 1909. 
Kaufman 

First Annual Report, 1894-95; 1897-98; 1908-09. 
Kerrville 

Catalog im, 1895-96. 

Announcement, etc., 1898-99 ; 1902-03. 
Kirbyville 

Announcement, Regidations and: Course of Study, 1909-10 
Kyle 

High School, 1912-13. 
LaGrange 

Annual Ccdalogue, 1906-07. 
Lampasas 

Course of Study, 1901-02; 1904-05. 
Lindale 

High School Catalogue, 1896-97. 
Livingston 

Catalogue, 1896-97; 1901-02. 
Llano 

High School Catalogue, etc., 1898-99; 1900-01; 1901-02: 
1905-06. 



866 University of Texas Bulletin 

Lott 

Annual Report and Prospectus High School, 1897-98. 
Lufkin 

Announcement and Course of Study, 1903-04. 
Manor 

Second Annual Catalogue, 1904-05. 
Mansfield 

Course of Study, 1910. 
Marlin 

Course of Study, 1902-03; 1903-04. 
Marshall 

Announcement, etc., 1895-96; 1898-99; 1901-02; 1911-12; 

1912-13. 
Mart 

Announcement, etc., 1911-12; 1912-13. 
McGregor 

Course of Study, etc., 1897-98; 1898-99; 1899-00; 1902-0a 
McKinney 

Biennial Report, 1909-11. 
Madisonville 

Hiejh School, 1910-11. 
Merkel 

Fourth Annual Annuoncement, 1898-99. 
Mesquite 

First Annual Announcement, High School, 1901-02; 1903-04. 
Mexia 

Sixteenth Annual Catalogue, 1900-01. 

Report, 1901-02; Prospectus, 1902-03. 
Midland 

Course of Study, etc., 1906-7-8. 
Midway 

Announcement and Course of Study, 1912-13. 
Mineola 

Catalogue, 1898-99. 
Moody 

Catalogue and Course of Study, 1898-99. 
Mineral Wells 

Schools, 1901-02; 1911-12; 1913-14; 1915-16. 



Education in Texas 867 

Mt. Calm 

High School, Twelfth Annual Announcement, 1904-05. 
Mount Pleasant 

Second Annual Report, 1903-04. 
Naples 

Second Announcement High School, 1904-05. 
Navasota 

Course of Study, etc., 1901-02. 
New Braunfels 

Course of Study, etc., 1903. 
Nacona 

Announcement, 1898-99. 
Oak Cliff 

Course of Study, etc., 1895-96. 
Orange 

Fourth Annual Re port, 1892-93; 1896-97; 1899-00; 1909-10. 
Palestine 

Annual Report, 1900-01. 

Course of Study and Rules and Regulations, 1910-11. 
Paris 

Annual Report, 1895-96 ; 1902-03. 
Paris (West) 

Annual Report, 1903-04; 1904-05. 
Pilot Point 

Announcement, 1903-04. 
Pittsburg 

Course of Study, 1908-09. 
Piano 

Annual Report, etc., 1894-95; Annual Announcement, 
1902-03. 
Port Arthur 

Course of Study, etc., 1910-11; 1912-13; 1913-14. 
Quanah 

Catalogue, 1896-97. 

Course of Study, 1902-03; 1904-05. 
Rockdale 

Annual Report, 1894-95. 

Catalogue, 1904-05. 

Course of Study, 1911-12. 



868 University of Texas Bulletin 

San Antonio 

Course of Study, 1892; 1897-98; 1898-99; 1902-03; 1903-04, 
1904-05; 1909-10; 1910-11; 1913-14. 
San Angelo 

Announcement, 1898-99. 

Course of Study, 1904. 
San Saba 

Catalogim, 1898-99. 

Announcement, 1900-01; 1901-02; 1908-09. 

High School Course, 1902-03. 
Sealy 

Catalogue, etc., 1904-05. 
Seguin 

Announcement, etc., 1900-01; 1901-02; 1902-03; 1903-04. 
Sherman 

Course of Study and Summary of Report, 1897-98; 1902- 
03; 1911-12. 
Smithville 

Third Annual Catalogue, 1897-98; 1898-99; 1904-05; 
1911-12. 
Stamford 

High School, 1903-04. 
Sweetwater 

Course of Study, 1903-04; 1905-06. 

High School, 1910-11 ; 1911-12. 
Taylor 

19th Annual Report, etc., 1902; 1904; 1919. 
Temple 

Ninth Annual Catalogue, 1897; 1898. 

Fifteenth Annual Report, 1902-03. 

Course of Study, 1908; 1912. 
Terrell 

Second Annual Catalogue, 1888-89. 

Report and Mamml, 1893-94; 1901-02; 1902-03; 1905-06; 
1911-12; 1913-14. 
Texarkana 

Rides, Regulations, and Course of Study, 1903; 1908-09. 
Timpson 

High School, 1900-01. 

Public Schools, 1912-13. 



Education in Texas 869 

Troupe • 

Announcement and Course of Study, 1901-02; 1902-03, 

Troy 

High School, 1903-04. 

Tyler 

Seventeenth Annual Report, 1900. 

Uvalde 

Annual Report, etc., 1900-01 ; 1903-04 ; 1905-06. 

Vernon 

Catalogue, 1908-09 ; 1909-10. 

Victoria 

Organization and Course of Study, 1906-07. 

"Waco 

Annual Report, 1884-85; 1890-91; 1891-92; 1893-94; 1896-97 

and 1897-98 ; 1909-10. 
Waxahachie 

Course of Study,- 1898; 1900; 1902; 1906-07. 

Weatherford 

Manual, 1897-98. 

Course of Study, 1900-01; 1911-12. 
Whitesboro 

Course of Study, 1904-05. 
Wichita Falls 

Annual Announcement, etc., 1897-98. 

High School Course of Study, Adopted 1893. Revised 1902. 

Winnsboro 

Announcement, 1911-12. 

"Wolfe City 

Rides, Regulations, etc., 1898-99; 1899-00. 

Yoakum 

Course of Study, 1902-03; 1910-11. 

COUNTY 

Angelina 

First Annuel Report, 1909. 
Burleson 

First Annual Circular of Information, 1914. 

Gonzales 

School Annual with Graded Course of Study (undated). 



870 University of Texas Bulletin 

Grimes 

Annual, 1908-09. 
Harris 

Report, 1911-12; 1912-13; 1913-14. 
Hill 

A Systematic Course of Stud)/ and Suggestions, Programme 
Adopted by the Hill County Legal Institute for Teach- 
ers of Hill County, 1898. 
Lavaca 

Course of Study, 1907-08. 
Medina 

Course of Study, 1909-10. 
Travis 

School Annual, Vol. I, 1905 ; Vol. II, 1906 ; Vol. Ill, 1907. 
Williamson 

Teacher's Manual, 1902-03. 
Washington 

School Annual, 1910; 1913. 

SOURCES DEALING WITH PARTICULAR PERIODS 

THE SPANISH PERIOD THE MISSIONS 

Bolton, Herbert Eugene 

The Founding of Mission Rosaria: A Chapter in the History of the 

Gulf Coast. In Quarterly Texas State Hist. Assoc. Vol. X, 113-139. 

Texas in the Middle Eighteenth Century; Studies in Spanish Colonial 

History and Administration. 1915. 
The Mission as a Frontier Institution in the Spanish American Col- 
onies. In The American Historical Review. "Vol. XXIII, 42-61. 
Burns, Rev. J. A. 

The Catholic School System in the United States; Its Principles, 
Origin and Establishment. 1908. 46-49. 
Burns, Rev. J. A. 

The Growth and Development of the Catholic School System in the 
United States. 1912. 
DeZavala, Adina 

Missions of the San Antonio Valley. In Raines's Yearbook. 1901, 
267-270. 

Dunn, William Edward 

Spanish and French Rivalry in the Gulf Region of the United States, 
1678-1702. The Beginnings of Texas and Pensacola. University 
of Texas Bulletin No. 1705, Jan. 20, 1917. 






Education in Texas 871 

Helps, Arthur 

The Spanish Conquest in America and Its Relation to the History 
of Slavery and to the Government of Colonies. Vol. I. Book XX. 

SPANISH EDUCATION IN TEXAS 

Austin, Mattie Alice 

The Municipal Government of San Fernando de Bexar. In Quarterly 
Texas State Hist. Assoc. Vol. VIII, 277-352. 

Bemis, E. W. et al. 

Local Government in the South and Southwest. In Johns Hopkins 
University Studies, Vol 11, (455-546). 
Blackmar, F. W. 

Spanish Colonization m the Southwest. In Johns Hopkins Univer* 
sity Studies. Vol. 8; (115-193). 

Clark, R. C. 

The Beginnings of Texas, 1684-1718. University of Texas Bulletin 

No. 98. 
Cox, I. J. 

Education in San Antonio under the Spanish Regime. In Raines's 

Yearbook, 1901, 142-14S. (Contains a list of References.) 
Educational Efforts in San Francisco de Bexar. In Quarterly Texas 

State Hist. Assoc, Vol VI, 27-63. 

McCaleb, W. F. 

Spanish Missions of Texas. (M. A. Thesis, University of Texas Li- 
brary, 1897.) 
Parisot, Rev. P. F. 

The Reminiscences of a Texas Missionary, 1899. 
Parisot and Smith 

History of the Catholic Church in the Diocese of San Antonio, 1897. 
Revilla Gigedo 

Instruction Reservada, Sections 335-350. 
Schmitt, Edmund, J. P. 

A Catalogue of Franciscan Missionaries in Texas. (1528-1859), 1901. 
Shea, J. Gr. 

The Catholic Church in Colonial Days. Vol. Ill, 713. 

MEXICAN PERIOD 

Alaman, Lucas 

Reports to the Sovereign Constituent Congress (Mexico) 1823. 
Almonte, Juan N. 

Noticia Estadistica soore Tejas. Mexico, 1835. 



872 University of Texas Bulletin 

Baker, D. W. C. 

A Texas Scrap Book, Made up of the History, Biography and Mis-f 
cellany of Texas and Its People, 1875. 
Barker, Eugene C. 

The Government of Austin's Colony, 1821-1831. In The Southwestern 
Hist. Quart. Vol. XXI, 223-252. 
Edward, David B. 

The History of Texas; or, The Emigrant's, Farmer's . . . 
guide .... arranged from personal Observation and Ex- 
perience, 1836. 
Hatcher, Mattie Austin 
Plan of Stephen F. Austin for an Institute of Modern Languages at 
San Felipe de Austin. In Quarterly Texas State Hist. Assoc. 
Vol. XII, 231-239. 
Holley, Mrs. Mary Austin 

Texas. Observations, Historical, Geographical and Descriptive, In a 

Series of Letters, 1833. 
Texas, 1836. 
Kennedy, William 

Texas: The Rise, Progress, and Prospects of the Republic of Texas. 
Two vols. 1841. 
Pilgrim, Thos. J. 

First Sunday School in Texas. In Baker's Texas' Swap Book, 69-76. 
Ackermann, R. 

Catecismo de Agricultura, 1824. 
Rather, Ethel Zivley 

DeWitt's Colony. University of Texas Bulletin, No. 51. 

PERIOD OF THE REPUBLIC 

Bliss, Don A. 

Address to the Old Settlers, Delivered at Their Annual Picnic, Sher- 
man, Texas. August 1886. 
Foote, Henry Stuart 

Texas and the Texans; or, Advance of the Anglo-Americans to the 
Southwest. Two vols. 1841. 
Dewees, W. B. 

Letters from an Early Settler of Texas. 1858. 

Harris, Mrs. Dilue 

The Reminiscences of Mrs. Dilue Harris. In Quarterly Texas State 
Hist. Assoc. Vol. IV, 85-127, 155-189. 
Hunt, R. S. and Randal, J. F. 

Guide to the Republic of Texas: Consisting of a brief outline of the 
history of its settlement .... etc. 1839. 



Education in Texas 8T3 

Jones, Anson 

Memoranda and Official Correspondence Relating to the Republic 
of Texas, Its History and Annexation. 1859. 
Maillard, N. Doran 

The Hist&ry of the Republic of Texas, from the Discovery of the 
Country to the Present Time. 1842. 
Newell, Eev. C. 

History of the Revolution in Texas. 1838. 
Red, William S. (Ed.) 

Allen's Reminiscences of Texas, 1838-1842. In Southwestern Hist. 
Quart. Vol. XVII, 283-305 and Vol. XVIII, 287-304. 
Resident Emigrant 

A History of Texas, or the Emigrant's Guide to the New Republic, 
By a Resident Emigrant, 1844. 
Senate Committee 
Report of the Senate Committee on Education, January 10, 1839, 
(Archives of the Secretary of State.) 
Sowell, A. J. 

Rangers and Pioneers of Texas. 1884. 
Stuart, Ben C. 

Old Time Schools. In Galveston News, April 7, 1907, p. 20 
Stiff, Edward 

The Texas Emigrant: Being a Narrative of the Adventures of the 
Author in Texas, . . . and a Description of the Soil . . 
Manners and Customs of the Inhabitants. 1840. 
Waples, Joseph 

Report of the Secretary of State, November 25, 1840. 
Wilbarger, J. W. 
Indian Depredations in Texas. 1889. 



The Goliad School. In Galveston News, Dec. 14, 1913, p. 20. 

FROM ANNEXATION TO THE WAR 

Carnes, Rev. J. E. 

Commencement Address, Delivered at Soule University, Chappel Hill, 
Texas, June 29, 1859. 
Cook, Richard V. Esq. 
An Address upon the Education and Influence of Women; Delivered 
before the Sabbath School Union, at the Lutheran Church in Colum- 
bus, January 11, 1858. 
DeCordova, Jacob 

The Texas Immigrant and Travelers Guide Book, 1856. 
Texas: Her Resources and Her Public Men, 1858. 



874 University of Texas Bulletin 

Pierce, Geo. F., Rev. 

Incidents of Western Travel, Nashville, 1859. 

Rankin, Milinda 
Texas in 1850. 

Lea, Pryor, S'upt. of Public Instruction 

Circular. Address to the People of Texas on Education, Its Impor- 
tance — the Dangers of Neglecting It — and the Means of Promoting 
It. 1867. 

Norton, A. B. 

Remarks of . . . in the Texas House of Representatives xipon the 
University Question, 1858. 
Texas Almanac 
With Statistical, Historical and Biographical Sketches, etc.. relating 
to Texas for 1857, 1858, 1859, 1860, 1861, 1862, 1863, 1864, 1865, 1866, 
1867, 1868, 1869, 1870, 1871, 1872, 1873. (Numerous references to 
Schools and Educational conditions.) 

Smith, Ashbel 
An Address on Education, at first semi-annual report of the Public 
Schools of Galveston. 1847. 

WAR TIME AND RECONSTRUCTION 

Cranfill, J. B. 

CranfilVs Chronicle. 
Davis, Governor E. J. 

Speech to the Citizens of Travis County, Oct. 4, 1880. 
Hancock, Edwin B. 

School Boy Diary (1872-3; In manuscript). 
Ramsdell, C. W. 

Reconstruction in Texas. 1910. 



First Public Free School Building Erected in Texas. In Quarterly- 
Texas State Hist. Assoc. Vol. X, 101; Denison Daily Herald, April 

21, 1906. 
Proceedings of the Tax-Payers' Convention of the State of Texas, 
. . . also a Memorial to the Legislature, and an Address to the 
Tax-Payers of Texas, 1871. 
Minutes of the State Board of Education. (Manuscript in the vaults 

of the State Department of Education.) 
Proceedings of a Mass Meeting of the Citizens of Galveston,' held 
August 18, 1871 . . . to consider the Oppressive and Unconsti- 
tutional System of Taxation, Adopted by the Last Legislature, 1871. 
Free Schools. In The Democratic Statesman, Vol. 1, No. 7, August 
12, 1871. 



Education in Texas 875 

PERIOD OF REORGANIZATION 1876-1S84 

Burke, J. 

Burke's Texas Almanac and Immigrant's Handbook for 1882, 1883. 
Crane, Wm. Carey 
Essay: Who Ought to Supply and Control the Education Needed by 
the People? Read before the Mexia Educational Convention, Au 
gust 6, 187S. 
Grandeur of Thought. An Address Delivered on Commencement Day 
of Marvin College. Waxahachie, Texas, June 13, 1883. 
Ford, Senator J. S. 

Schools and Finance in Texas (Speech in Texas Senate). 1S79. ' 
Hogg, Alexander 

Industrial Education; or the Equal Cultivation of the Head, the 
Heart and the Hand, 1879. 

Terrell, Senator A. W. 

Speech of . . . on the Bill to Set Aside Two Millions of Acres 
of Land to Endow the -State University and a Like Amount for 
Public Free Schools, 1882. 

from 1884 to 1900 

Baker, B,. M. et al. 

The New School Law. In Texas School Journal. January 1884, 1-14. 
Cooper, Oscar H 1 . 

Progress of Education in Texas During the Last Ten Years. In 
Texas School Journal. Vol. XII, 67-72, March, 1894. 

The Public School System. As It Is and As It Ought to Be. In 
Southern Mercury, Dallas, February 13, et seq. 1889. (Not seen.) 

School and State. The Public School an Institution of Free Sover- 
eign States. History of Its Development. The "Lone Star" Com- 
mitted at Its Birth to Education and Freedom, Bryan, 1889. (Not 
seen.) 

Dabney, R. L. et al. 

Addresses of Rev. R. L. Dabney, D. D., LL.D., Hon. Gustave Cook, 

Judge H. Teichmueller, Rev. G. W. Briggs, Delivered before the San 

Marcos Sunday School Assembly and Summer Institute, 1886. 

(States case against State control of Education.) 

(Sneed, S'. G.?) 

Supt. Baker's Administration. In Texas Review, 1886. Vol. 1, 

702-711. 
Parental Rights in Public Schools. In Texas Review. Vol. 1, 1885, 
351-355. 
Sutton, "W. S. 

Hoio May We Develop a Stronger Fraternal Feeling Among the 
Teach ers? (A paper read before the State Association of Super- 
intendents and Principals, Temple, Texas. 1897.) 



876 University of Texas Bulletin 

Texas Review. Vol. 1. From September, 1885, to August, 1886. 
passim (Gives the best insight into the sentiments of the day 
toward State Education.) 

from 1900 to 1905 

Cousins, R. B. 
Five Years of Progress of the Common Schools of Texas. Legisla- 
tion Expansion, Administration, with Suggestions to School Offi- 
cers, Dec. 1, 1909. 
LeFevre, Arthur 

Public Education in Texas. Department of Public Education in 
Texas. 1904. 

Sutton, William Seneca 
Some Wholesome Educational Statistics, University of Texas Bulle- 
tin No. 28, March 1, 1904. 

GENERAL AND SPECIAL LAWS 

Laws and Decrees of the State of Coahuila and Texas, in Spanish 
and English, to uthich is added the Constitution of said State; 
also, Naturalization Law of the General Congress. By order of 
the Secretary of State. Translated by J. P. Kimball, M. D., 
1839. 

Laws of the Republic of iTexas (from First to Ninth Congress). 

Gammel's Laws of Texas, 1822-1897. 

General Laws of the State of Texas. 

Special Laws of the State of Texas. 

Journals of the House of Representatives of the Republic of 
Texas. Congress I, II, III, V, VI, VII, VIII, IX. 

Journals of the Senate of the Republic of Texas. Congress I, 
II, III, IV, V, VI, VII, VIII, IX. 

Journals of the House of Representatives of the State of Texas. 
Legislature I, (10th missing). ... to present. 

Journals of the Senate of the State of Texas 1, . . . (10th 
missing) .... to present. 

State Gazette Appendix, containing Official Reports of De- 
bates and Proceedings of the Sixth Legislature of the State 
of Texas. Vol. 1, 1856. (Same for Adjourned Session). Vol. 
2 for Seventh Legislature, 1858. 

State Gazette Appendix, containing Debates in the House of 
Representatives of the Eighth Legislature of the State of 
Texas. Reported by W. F. Weeks. Vol. IV. 1860. 



Education in Texas 877 

State Journal Appendix. Debates in Senate. Vol. 1. 1870. 
Texas Legislative Record. 1881-1883. 

JOURNALS OF TEXAS CONSTITUTIONAL CONVENTIONS 

Journals of the Consultation Held at San Felipe de Austin, 
October 16, 1835. Published by Order of Congress, 1838. 

Debates of the, Texas Convention. By Wm. F. Weeks, Reporter. 
Published by Authority of tike Convention, 1846. 

Journals of the Convention, Assembled at the City of Austin 
on the Fourth of July, 1845, for the purpose of framing a 
Constitution for the State of Texas, 1845. 

Journal of the Secession Convention of Texa>s, 1861. (E. "W. 
Winkler, Editor.) 

Journal of the Texas State Convention, Assembled at Austin, 
Feb. 7, 1866. Adjourned April 2, 1866. 

Journal of the Reconstruction Convention, which met at Austin, 
Texas, June 1, A. D. 1868. 

Journal of the Reconstruction Convention, which met at Aus- 
tin, Texas, December 7, A. D. 1868. Second Session. 

Journal of the Constitutional Convention of the State of Texas, 
begun amd held at the City of Austin, September 6th, 1875. 

CONSTITUTIONS OF TEXAS 

The Declaration of Independence Made by the Delegates of the 
People of Texas in General Convention, at Washington, on 
March 2nd, 1836. In Gammers Laws of Texas. *fol. 1, [1063- 
1067.] 

Constitution of the Republic of Texas. In GammeVs Laws of 
Texas. Vol. 1, [1069-1085.] 

Constitution of the State of Texas. (Adopted unanimously in 
Convention, at the City of Austin, 1845.) 

Constitution of the State of Texas as Amended in 1861. The 
Constitution of the Confederate States of America. The Or- 
dinances of the Texas Convention: and an Address to the Peo- 
ple of Texas. 1861. 

The Constitution of the State of Texas, as Amended by the 
Delegates in Convention Assembled. Austin, 1866. 



878 University of Texas Bulletin 

Constitution of the State of Texas, Adopted by the Constitu- 
tional Convention. Convened under the Reconstruction Acts 
of Congress passed March 2, 1867, a<nd the Acts Supplement- 
ary thereto; To be submitted for Ratification or Rejection at 
an election to take place on the first Monday of July, 1869. 

Constitution of the State of Texas, Adopted by the Constitu- 
tional Convention, begun and held at the City of Austin, on 
the Sixth Day of September, 1875. 

Constitution of the State of Texas, Adopted by the Constitu- 
tional Convention, begun and held at the City of Austin on 
the Sixth Day of September, 1875, with Amendments Adopted 
Oct. 14, 1879, and September 25, 1883. 

Constitution of the State of Texas, Adopted by the Constitu- 
tional Convention, begun and held at the City of Austin on 
the Sixth Day of September, 1875, with Amendments de- 
clared adopted October 14, 1879; September 25, 1883; De- 
cember 19, 1890; and September 22, 1891. 

Constitution of the State of Texas, Adopted by the Constitu- 
tional Convention convened at Austin, September 6th, 1S75. 
Ratified by the People on the third Tuesday in February, 
1876; Declared Adopted by Proclamation of the Governor, 
March 4th, 1876, and effective April 18th, 1876. Annotated 
by W. M. Harris, 1913. 

MESSAGES OF THE PRESIDENTS AND GOVERNORS OF TEXAS 

Lamar, Mirabean B. 
Message of the President Submitted to both Houses December 21, 
1838. In Journal of the House, 167-195. (Message as printed gives 
December 21 as date of submission, the Journals of the Senate and 
House give December 20 as the date.) 
Jones, Anson 

Inaugural Address. Monday, Dec. 9, 1844; Journal of the Senate, 22- 
25; Journal of the House, 27-30; Texas National Register, Dec. 14, 
1844, Vol. I, No. 2. 

Houston, Gen. Sam 

Valedictory Address, Dec. 9, 1844. In Texas National Register, Dec. 
14, 1844. 

Jones, Anson 

Message to the House and Senate, "Washington, December 16, 1844. 
In Journal of the Senate, 45-54; Journal of the House, 63-73; Texas 
National Register, Dec. 21, 1844. 



Education in Texas 879 

Henderson, J. Pinekney 

Governor's Message, to the Legislature of the State of Texas with 
Accompanying Documents, February 24, 1845 j 1 Appendix to the 
Journals of the Senate, 1-11. 

Wood, George T. 

Governor Wood's Message to the Legislature of the State of Texas, 
Dec. 29, 1847; Journal of the House, 166-173; Journal of the Sen- 
ate, 76-82. 
Message of the Governor of the State of Texas, with Accompanying 
Documents. Nov. 6, 1849. Journal of the House, 12-23; Journals 
of the Senate, 11-22. 

'Bell, P. H. 

Message of the Governor to the Fifth Legislature of the State of 
Texas, Convened November 7, 1853; Journal of the House, 11-30. 

Pease, E. M. 

Governor's Message. In Senate Journal, Part II, 13-25. 
Message of the Governor of the State of Texas to the Sixth Legis- 
lature, Nov. 5, 1855; Journal of the Senate, 8-43. 
Message to the Seventh Legislature, Nov. 2, 1857; Journal of the 
House, 23-48; Journal of the Senate, 13-39. 

Runnels, H. R. 

Message of Hardin R. Runnels, Governor of the State of Texas. 
Printed by order of the Seventh Legislature, Austin, Dec. 21, 1857. 
1857; State Journal Appendix. 
Message of the Hon. Hardin R. Runnels, November 10, 1859. Printed 
oy order of the Eighth Legislature, 1859. Journal of the House, 
25-51; Journal of the Senate, 15-41. 
Houston, Sam 

Message to the Legislature of Texas, January 13, 1860. In Crane's 
Life and Select Literary Remains of Sam Houston; Journal of the 
House, 388-402; Journal of the Senate, 264-278. 
Murrah, P. 

Inaugural Address of Gov. P. Murrah, Delivered November 5, 1863; 
Journal of the House, 18-25. 
Throckmorton, J. W. 
Inaugural Address of Gov. J. W. Throckmorton, August 9, 1866; 
Message of Gov. J. W. Throckmorton, to the Legislature of Texas, 
August 18, 1866; Journal of the House, 73-93; Journal of the Senate. 
Pease, E. M. 

Message of His Excellency Elisha M. Pease, Governor of Texas, to 
the Constitutional Convention, June 3, 1868. 



*An error for 1846. 



880 University of Texas Bulletin 

Davis, E. J. 

Inaugural Address of Gov. Edmund J. Davis to the Twelfth Legisla- 
ture, April 28, 1870. Journal of the House, 14-16; Journal of the 
Senate, 10-12. 

Messcuge of Gov. Edmund J. Davis, of the State of Texas, January 
10, 1871. Journal of the Senate, 23-39. 
Coke, Richard 

Inaugural Address of Gov. Coke, January 15, 1874. In Moreland's 
Governors' Messages, 1-9. 

Message from the Governor of Texas to the Fourteenth Legislature 
ivith Accompanying Documents from Heads of Departments, Jan- 
uary 26, 1874. Journal of the House; Journal of the Senate; 
Moreland's Governor's Messages, 13-26. 

Message from the Governor of Texas to the Fourteenth Legislature, 
Second Session, January (12), 1875. Journal of the House, 10-93; 
Journal of the Senate, 7-90; Moreland's Governor's Messages, 68-140. 

Messages from the Governor of Texas to the Fifteenth Legislature t 
First Session, April (19), 1876; Journal of the House, 10-54; Jour- 
nal of the Senate, 16-60. 
Hubbard, Richard B. 

Message of Richard B. Hubbard, Governor of Texas, to the Sixteenth 
Legislature, First Session, January 14, 1879; Journal of the Senate, 
15-74; Moreland's Governors' Messages, 702-763. 
Roberts, O. M. 

Inaugural Address of Gov. Roberts, Delivered January 21, 1879. 
In Messages of Gov. O. M. Roberts to the Sixteenth Legislature of 
the State of Texas, 1-11; Report of the Secretary of State of the 
State of Texas from January 23, 1876 to January 1, 1881, 71-79; 
Journal of the Senate. 96-105; Journal of the House; Moreland's 
Governors' Messages, 215-226. 

Message on Finance. January 29, 1879. In Messages of Gov. O. M. 
Roberts to the Sixteenth Legislature of the State of Texas, 16-21; 
Report of the Secretary of State of the State of Texas, from Jan- 
uary 23, 1879 to January 1, 1881; Journal of the Senate, 149-155; 
Moreland's Governor's Messages, 238-246. 

Message on University, and Agricultural and Mechanical College, 
February 5, 1879. In Messages of Gov. O. M. Roberts to the Six- 
teenth Legislature of the State of Texas. 21-31; Report of the Sec- 
retary of State of the State of Texas from January 23, 1879 to Jan- 
uary 1, 1881, 88-95; Journal of the House; Journal of the Senate, 
202-205; Moreland's Governors' Messages, 247-251. 

Message on Lunatic Asylum, and Deaf and Dumb, and Blind Insti- 
tutes of Learning, February 6, 1879. In Messages of Gov. O. M. 
Roberts to the Sixteenth Legislature of the State of Texas, 31-33; 
Journal of the Senate, 217-219; Moreland's Governors' Messages, 
251-254. 



Education in Texas 881 

Message on Free Common Schools. In Message of Gov. 0. M. Roberts 
to the Sixteenth Legislature of the State of Texas, February 10, 
1879, 34-40; Report of the Secretary of State of the State of Texas 
from January 23, 1879, to January 1, 1881, 97-101; Journal of the 
Senate, 234-241; Moreland's Governors' Messages, 254-257. 

Deficiencies. February 21, 1879. In Report of the Secretary of State 
of the State of Texas from January 23, 1879, to January 1, 1881. 
102-107; Journal of the Senate, 338-339. Moreland's Governors' Mes- 
sages, 265-266. 

Division of School Lands, March 21, 1879. In Report of the Secre- 
tary of State of the State of Texas, from January 23, 1879, to Jan- 
uary 1, 1881, 114-116; Journal of the Senate, 681-683; Moreland's 
Governors' Messages. 

Appropriations for Support of Free Schools and Payment of Public 
Debt, April 23, 1879. In Report of the Secretary of State of the 
State of Texas from January 23, 1879, to January 1, 1881, 120-125; 
Journal of the Senate, 1035-1040; Moreland's Governors' Messages, 
285-291. 

Message of Gov. Oran M. Roberts to the Legislature of the State of 
Texas (Extra Session), Convened in Austin, June 10, 1879; in Re- 
port of the Secretary of State of the State of Texas from January 
23, 1879, to January 1, 1881, 126-173; Journal of the House, 5-58; 
Journal of the Senate, 5-58; Moreland, Governors' Messages, 293-311. 

Message June 16, 1879. In Message of Gov. O. M. Roberts to the 
Legislature of the State of Texas, Extra Session; House Journal, 
85-94; Senate Journal, 80-90; Moreland's Governors' Messages, 311- 
323. 

Message of Governor Oran M. Roberts on the Special School Fund 
Loaned to Railroad Companies, to the Seventeenth Legislature of 
the State of Texas, Convened ai the City of Austin, in Regular 
Session, January 11, 1881; Journal of the Senate, 21-24d. 

Inaugural Address of Gov. Oran M. Roberts, Delivered January 18, 
1881, to the Seventeenth Legislature of the State of Texas; Journal 
of the House; Journal of the Senate, 241-24p; Moreland's Governors' 
Messages, 341-348. 

Message of the Governor of Texas to the Seventeenth Legislature, 
January 13, 1881. Journal of the Senate, 5-10. 

General Message of Gov. Oran M. Roberts on the Judiciary, Educa- 
tion, the Departments of Insurance, Statistics, and History, Rail- 
roads, etc., to the Seventeenth Legislature of the State of Texas. 
January 26, 1881. Journal of the Senate, 42-47. 

Message to Special Session, April 6, 1882. Journal of the House, 
9-17; Journal of the Senate, 6-13; Moreland's Governors' Messages 
389-417. 



882 University of Texas Bulletin 

Message on Summer Normals, April 28, 1882. In Journal of the 
House, 108; Journal of the Senate, 68; Moreland's Governors' Mes- 
sages, 424. 

Message on Sale of School Lands, May 5, 1882. In Journal of the 
House, 145; Journal of the Senate, 90; Moreland's Governors' Mes- 
sages, 428-429. 

Message of Gov. O. M. Roberts to the Eighteenth Legislature, January 
10, 1883; Journal of the House, 9-16; Journal of the Senate, 8-15; 
Moreland's Governors' Messages, 430-457. 

Storey, L. J. 
Lieutenant Governor L. J. Storey's Inaugural Address, January 18, 
1881. House Journal, 31-33; Journal of the Senate, 24n-24p; 
Moreland's Governors' Messages, 348-357. 

Sayers, Joseph D. 
Address to Senate, January 11, 1881; Journal of the Senate, 1-2; 
Moreland's Governor's Messages, 335-340. 

Ireland, John 

Inaugural Address of Gov. John Ireland, Delivered in Joint Session 
of Eighteenth Legislature, January 16, 1883; Journal of the Senate, 
32-33; Journal of the House, 38-40; Moreland's Governors' Mes- 
sages, 471-477. 

Message of Gov. John Ireland, to the Eighteenth Legislature, 
January 29, 1883; House Journal, 87-89; Senate Journal, 66-68; 
Moreland's Governors' Messages, 477-485. 

Message of Gov. John Ireland to the Eighteenth Legislature, Coru- 
vened in Special Session, January 8, 1884; Journal of the House, 
4-8; Senate Journal, 5-8; Moreland's Governors' Messages, 489-499. 

Message of Governor of Texas to the Nineteenth Lgislature, Jan- 
uary 13, 1885; House Journal, 10-16; Senate Journal, 7-13; More- 
land's Governors' Messages, 499-516. 

Message of the Governor, January 11, 1887; House Journal, 14-28; 
Senate Journal. 10-23; Moreland's Governors' Messages, 528-553. 

itoss, L. S. 

Message of L. S. Ross, Governor, to the Twentieth Legislature, Jan- 
uary 18, 1887. (Little on Education.) 

Message of Gov. L. S. Ross to the Twentieth Legislature, Extra Ses- 
sion, April 16, 1888; House Journal, 6-14; Senate Journal, 7-15; 
Moreland's Governors' Messages, 600-615. 

Message to the Twenty-first Legislature, January 10, 1889; House 
Journal, 13-28; Senate Journal, 16-31; Moreland's Governors' Mes- 
sages, 620-648. 

Message of Gov. L. S. Ross, January 13, 1891; Senate Journal, 10-31; 
Journal of the House, 31-51; Moreland's Governors' Messages, 657- 
698. 



Education in Texas 883 

Hogg, James S. 

Message to the Twenty-second Legislature, January 21, 1891; House 
Journal, 103-117; Senate Journal, 55-69. 

Proclamation Concerning the Twenty-second Legislature in Special 

Session and Message of .to the Twenty-second Legislature 

(Special Session), February 18, 1892. 

Message of March 14, 1892; House Journal, 16-29; Senate 

Journal, 4-17. 

Message of to the Twenty-third Legislature of Texas, Jan- 
uary 12, 1893; Journal of the House, 13-32; Journal of the Senate, 
9-28. 

Message of. January 11, 1895; Journal of the House, Appen- 
dix A, 1-39; Journal of the Senate, Appendix A. 

Culberson, C. A. 
Message from the Governor, January 16, 1895; Journal of the House, 

46-59; Journal of the Senate, 32-45. 
Message from the Governor, January 14, 1897; House Journal, 13-26; 

Journal of the Senate, 8-20. 
Message from the Governor, (Twenty-sixth Legislature), January 10, 

1899; House Journal, 12-31. 
Message from the Governor, January 14, 1899, on State Text Book 

Board Report; House Journal, 63-65. 

Sayers, Joseph D. 
Message from the Governor, January 23, 1899; House Journal, 119- 

126. 
Message from the Governor, March 4, 1899; House Journal, 646-647. 
Message from the Governor, January 23, 1900; House Journal, 17-20. 

Campbell, T. M. 

Message of to the Thirtieth Legislature of Texas. To which 

is appended the State Democratic Platform adopted at Dallas. Jan- 
uary 16, 1907. 

Message of Governor to the First Called Session of the 

Thirtieth Legislature of Texas, April 16, 1907. 

Message of Governor to the Thirty-first Legislature of 

Texas. To which is appended the State Democratic Platform 
adopted at San Antonio, January 14, 1909. 

Message of Governor^ to the Thirty-second Legislature of 

Texas, January 11, 1911. 

Colquitt, 0. B. 

Message of Governor to the Thirty-second Legislature of 

Texas, January 18, 1911. 

Message from Governor , February 5, 1913; House Jour- 
nal, 431-437. 



884 University of Texas Bulletin 

Messages of Gov to the Thirty-third Legislature (Regular 

Session); Inaugural Addresses of the Governor and Lieutenant 
Governor; the State Democratic Platform Adopted at San Antonio, 
1912. 

Proclamations and Messages by the Governor of Texas to the Second 
and Third Called Sessions of the Thirty-third Legislature, August 
and September, 1914. 

REPORTS OF THE STATE DEPARTMENT OP EDUCATION 

Report of the State Treasurer and ex-officio Superintendent 
of Common Schools to Governor Pease, November 10, 1854. 
In The Texas State Gazette, Nov. 18, 1854. 

Report of the State Treasurer, etc., Oct. 1, 1855. (Mentioned by- 
Texas Almanac, 1857, 140, but not found.) 

Relacion del Tesorero del Estado de Tejas Superintendente 
de ofiicio de las Escuelas Publicas. Noviembre 1855. 

Report of the State Treasurer as ex-officio Superintendent of 
Schools for the year 1856-57. Appendix to the official Jour- 
nal of the Home of Representatives, of the Seventh Legisla- 
ture of the State of Texas, 1858. 

Report of the Treasurer and ex-officio Superintendent of Com- 
mon Schools of the State of Texas, J or the fiscal year ending 
August 31, 1859. 

Report of the Treasurer and ex-officio Superintendent of Com- 
mon Schools of the State of Texas, for the fiscal year ending 
August 31, 1861. Austin, 1861. (Not seen.) 

Report of E. M. Wheelock, State Superintendent of Public In- 
struction. May 30, 1868. In Journal of the Reconstruction 
Convention, 1868, 65-73. 

First Annual Report of the Superintendent of Public Instruc- 
tion of the State of Texas, 1871. 

Second Annual Report of the Superintendent of Public In- 
struction of the State of Texas for the year 1872. J. C. De- 
Gress, Superintendent of Public Instruction. 

Third Annual Report of the Superintendent of Public Instruc- 
tion of the State of Texas, for the year 1873. J. C. DeGress, 
Superintendent of Public Instruction, 1873. 

Special Report of Hon. 0. N. H oiling sworth, Superintendent of 
Public Instruction. (Mentioned by Gov. Coke, Message 
March 9, 1874, in Journal of the House, 171-172. Not seen.) 



Education in Texas 885 

Fourth Annual Report of the Superintendent of Public Instruc- 
tion of the State of Texas for the Scholastic year ending 
August 31, 1874. 0. N. Hotting sworth, Superintendent of 
Public Instruction, 1874. 

Fifth Annual Report of the Superintendent of Public Instruc- 
tion of the State of Texas for the Scholastic year ending 
August 31, 1875. 0. N. Rolling sworth, Superintendent of 
Public Instruction,, 1876. 

First Biennial Report of the Board of Education for the Scho- 
lastic years ending August 31, 1877 and 1878. Being the 
Sixth Report from the Department of Education of the State 
of Texas. 

Educational Report, June 2, 1879. In Appendix to Report of the 
Secretary of State of the State of Texas from January 23, 
1879, to January 1, 1881, 153-156 ; Message of Gov. Oran M. 
Roberts to the Legislature of the State of Texas. (Extra 
Session) Convened in Austin June 10, 1879. 37-42. 

Second Biennial Report of the State Board of Education for 
the Scholastic years ending August 31, 1879 and 1880. Be- 
ing the Seventh Report from the Department of Education 
of the State of Texas. 1881. 

Same in Texas Journal of Education. Vol. 1. No. 6. Janu- 
ary, 1881. 

Third Biennial Report of the State Board of Education for the, 
Scholastic years ending August 31, 1881 and 1882. Being the 
Eighth Report from the Department of Education of the State 
of Texas. 

Special Report of the State Board of Education for the Scho- 
lastic year ending August 31, 1883. Being the Ninth Report 
from the Department of Education. Made to the Eighteenth 
Leigslature to convene in extra session on the second Tues- 
day in January, 1884. 

Fourth Biennial Report of the Department of Education for 
the Scholastic years ending August 31, 1883, and August 31, 
1884. Being the Tenth Report from the Department of Edu- 
cation of the State of Texas. Bejamin M. Baker, Sup't. of 
Public Instruction, 1885. 



886 University of Texas Bulletin 

Fifth Biennial Report of the Superintendent of Public Instruc- 
tion for the Scholastic years ending August 31, 1885, and 
August 31, 1886. Being the Eleventh Report of the Depart- 
ment of Education. Benjamin M. Baker, Superintendent of 
Public Instruction. 

Special Report of the State Superintendent of Public Instruc- 
tion for the Scholastic year ending August 31, 1887. The 
Twelfth Report from the Department of Education. Oscar 
H. Cooper, Superintendent of Public Instruction. 1888. 

Sixth Biennial Report of the Stede Superintendent of Public 
Instruction for the Scholastic years ending August 31, 1887, 
and July 1, 1888. Being the Thirteenth Report from the De- 
partment of Education. Oscar H. Cooper, Superintendent of 
Public Instruction. 1888. 

Seventh Biennial Report of the Superintendent of Public In- 
struction for the Scholastic years ending August 31, 1889, and 
August 31, 1890. Being the Fourteenth Report of the De- 
partment of Education of the State of Texas. Oscar H. 
Cooper, Superintendent of Public Instruction. 1890. 

Special Report for the Special Session of the 22nd Legislature 
[Mar. 4, 1892] (Not seen). 

Eighth Biennial Report of the State Superintendent of Public 
Instruction for the Scholastic years ending August 31, 1891, 
and August 31, 1892. J. M. Carlisle, State Superintendent 
of Public Instruction. 1893. 

Ninth Biennial Report of the State Superintendent of Public 
Instruction for the Scholastic years ending August 31, 1893, 
and August 31, 1894. James M. Carlisle, State Superinten- 
dent of Public Instruction. 1895. 

Tenth Biennial Report of the State Superintendent of Public 
Instruction for the Scholastic years ending August 31, 1895, 
and August 31, 1896. James M. Carlisle, State Superinten- 
dent of Public Instruction. 1897. 

Eleventh Biennial Report of the State Superintendent of Public 
Instruction for the Scholastic years ending August 31, 1897, 
and August 31, 1898. James M. Carlisle, State Superinten- 
dent of Public Instruction. 



Education in Texas 887 

Twelfth Biennial Report of the State Superintendent of Public 
Instruction for the Scholastic years ending August 31, 1899, 
and August 31, 1900. J. S. Kendall, State Superintendent of 
Public Instruction. 1900. 

Thirteenth Biennial Report of the State Superintendent of 
Public Instruction for the Sdholastic years ending August 
31, 1901, and August 31, 1902. Arthur LeFevre, State Su- 
perintendent of Public Instruction. 1902. 

Fourteenth Biennial Report of the State Superintendent of 
Public Instruction for the years ending August 31, 1903, and 
August 31, 1904. Arthur LeFevre, State Superintendent of 
Public Instruction. 1905. 

Fifteenth Biennial Report of the State Superintendent of Pub- 
lic Instruction for the years ending August 31, 1905, and 
August 31, 1906. R. B. Cousins, State Superintendent of 
Public Instruction. 1906. 

Sixteenth Biennial Report of the State Superintendent of Pub- 
lic Instruction for the years ending August 31, 1907, and 
August 31, 1908. R. B. Cousins, State Superintendent of Pub- 
lic Instruction. 1909. 

Seventeenth Biennial Report of the State Department of Educa- 
tion for the years ending August 31, 1909, and August 31, 
1910. F. M. Bralley, State Superintendent of Public In- 
struction. 

Eighteenth Biennial Report of the State Department of Educa- 
tion for the years ending August 31, 1911, and August 31, 
1912. Omitting Statistical Tables. F. M. Bralley, State Su- 
perintendent of Public Instruction. 

Nineteenth Biennial Report. (Never published.) 

Twentieth Biennial Report. (Never published.) 

Statistical Tables Texas Public Schools, 1915-16. W. F. Dough- 
ty, State Superintendent of Public Instruction. September 
1, 1917 Bulletin 69. 

Twenty-first Biennial Report State Superintendent of Public 
Instruction of the State of Texas, September 1, 1916, to Au- 
gust 31, 1918. W. F. Doughty, State Superintendent of Pub- 
lic Instruction. 



888 University of Texas Bulletin 

CIRCULARS AND BULLETINS OF THE STATE DEPARTMENT OP 

EDUCATION 

I. MISCELLANEOUS 

Circular No. 1. February 25, 1874. 

Circular No. 2. March 10, 1874. 

Circular No. 3. March 16, 1874. 

Circular No. 6. May 12, 1874. 

Circular No. 7. June 27, 1874. 

Circular No. 8. August, 1874. 

(Circular No. 1). October 1, 1874. 

(Statistics of the Free School of Texas.) 1886-87. (Not seen.) 

Circular No. II, 3. Information concerning the Text Book Law. 

(Not seen.) 
School Superintendents and Treasurers of the State of Texas. 

Department of Education, January 1, 1893. 
Recommendations regarding Public Education in Texas for 

Consideration of the Governor and the 34£/i Legislature. 

W. F. Doughty, State Superintendent of Public Instruction. 
Recommendations regarding Public Education in Texas for 

consideration of the Governor and fhe 35th Legislature. W. 

F. Doughty. 
The Classification of Teachers in Texas. Statutory Provisions 

and Rulings of the State Superintendent of Public Instruc- 
tion. Bulletin 43, June, 1915. 
Sclwol Records and Reports. How to Secure Accurate School 

Statistics and Make Reporting Easy and Attractive. W. F. 

Doughty. Bulletin 60, December 1, 1916. 
School Grounds, School Buildings and Their Equipment. Bul- 
letin 65. August 1, 1917. 
State Adopted Books and State Depositories. Directions for the 

Exchange of Old Books. Bulletin 103. August, 1919. 
State Aid Schools Equipment. Bulletin 104. August 1, 1919. 
Report on Education in Texas and Recommendations made to 

the Governor and the Thirty -seventh Legislature by Miss 

Annie Webb Blanton, January 10, 1921. 



^ee others under topic headings. 



Education in Texas 889 

II. SERIALS 
TEXAS SCHOOL LAWS. 

1854 An Act to Establish a System of Schools. Approved 
January 31, 1854. Together with Instructions and 
Forms for the Use of School Officers, 1854. 

1856 An Act Providing for the Support of Schools. Approved 
August 29, 1856, with Instructions and Forms for the 
Use of School Officers. 1856. 

1858 An Act Providing for the Support of Schools, or as much 
thereof as is still in force, Approved August 29th, 1856. 
Also, an Act Supplementary to and Amendatory of an 
Act to Provide for the Support of Schools, Approved 
February 5th, 1858. With Instructions and Forms for 
the Use of School Officers. 1858. 

1871 An Act to Organize and Maintain a System of Public 
Free Schools in the State of Texas. 

1871 Rules and Regulations for the Government of Public 

Free Schools in the State of Texas. Adopted by the 
Board, of Education. 1871. 

1872 Rules and Regulations for the Government of Public 

Free Schools in the State of Texas. Adopted by the 
Board of Education. Revised December 31, 1871— 
Amended August 15, 1872. 

1873 An Act to Establish and Maintain a System of Public 

Free Schools in the State of Texas. Passed May 22 
1873. 

1875 An Act to Establish and Maintain a System of Public 
Free Schools in the State of Texas. Passed May 22d, 
1873, as Amended by the Acts of May 2d, 1874, and 
March 15th, 1875 ; and Circular No. 44, 1875. 

(Note. — The law of 1876 required the publication of the school 
law in permanent form after every legislative session 
at which new school laws or amendments were passed.) 

1879 An Act to Establish and Provide for the Support and 
Maintenance of an Efficient System, of Public Free 
Schools in the State of Texas. Passed August 19th, 
1876, and Amended April 29th and July 2d, 1879. 



890 University of Texas Bulletin 

1884. Statutes relating to Public Free Schools of the State of 
Texas, Containing all Acts in force Concerning the 
System of Public Schools. 1884. 

1889 The School Laws of Texas. 1889. Issued by Authority. 

1891 The School Laws of Texas. 1891. Issued by Authority. 

1892 The School Laws of Texas. 1892. Issued by Authority. 

1893 Digest of the School Laws of Texas. 1893. Issued by 

Authority. 
1895 School Laws of Texas. Issue of 1895. 
1897 School Laws of Texas. Issue of 1897. 
1899 School Laws of Texas. 1899. 
1901 School Laws of Tcxeis. {Annotated) 1901. 
1905 The School Laws of the State of Texas. 1905. 
1907 School Laws of Texas. 1907. 
1909 School Laws of Texas. 1909. 
1911 School Laws of Texas. 1911. 
1913 Revised Sdhool Laws of the State of Texas, with Court 

Decisions and Comments for the Use of School Officers. 

Bulletin No. 28. 1913. 
1915 Public School Laws of the State of Texas, ivith Court 

Decisions and Comments for the Use of School Officers. 

Bulletin 48. 
1917 Public School Laws of the State of Texas, with Court 

Decisions and Comments for the Use of School Offi- 
cers. Bulletin 70, December 1, 1917. 

SPECIAL ISSUES OF LAWS. 

Official Circular No. 51. September 23, 1894. (An Official In- 
terpellation of the Law as regards Sectarian Schools.) 

State Uniform Textbook Law, Adoption of Textbooks and List 
of Books Adopted. Bulletin No. 22. May 1, 1913. 

Schoolhouse Building Law of the State of Texas. Heating, 
Lighting and Ventilating of Public School Buildings, etc. 
Bulletin No. 27. February 1. 1914. 

The Rural School Law, with Interpretative Notes and Explana- 
tions of the Law. 1915. Bulletin 45. 

Compidsory School Attendance State of Texas. Bulletin 53. 
July 1, 1916. 



Education in Texas 891 

Some Recent School Legislation. Bulletin 99. March, 1919. 
State Free Text Book Law. Bulletin No. 98. March 1, 1919. 
School Legislation of the Second Called Session Thirty-sixth 

Legislature. Bulletin 102. July, 1919. 
Texas School Laws; A Brief Compilation for Teachers of Laws 

Relating to Teachers and Pupils. Bulletin 122. June, 1920. 

OTHER PUBLICATIONS. 

How to Handle School Funds. 

For Common School Districts, Bulletin 39. November 1, 1914. 

" 39. October 1, 1915. 

" 112. January 1, 1920. 

For Independent School Districts, Bulletin 38. Nov. 1, 1914. 

38. Oct. 1, 1915. 
" 111. Jan. 1, 1920. 

Scholastic Population of Coumties, Enrollment in Schools, Length 
of School Term and Names of Superintendents or Ex-officio 
Superintendents. Circular No. 21, 1900. 

— . Circular No. 32. 1901. 

Texas Public School Officers a<nd Scholastic Population of Coun- 
ties, Exclusive of Independent Districts and Scholastic Popu- 
lation of Independent Districts. Circular No. 38. 1902. 

. Circular No. 41, 1903. 

County Permanent School*Funds and Local Taxes in Indepen> 
dent District for 1903-04. Circular No. 46, 1903. 

. 1904-05. Circular No. 49, 1905. 

. 1905-06. Circular No. 3, 1906. 

. 1906-07. Circular No. 6, 1906. 

. 1907-08. Circular No. 5, 1907. 

Scholastic Population and Apportionment of Available School 
Fund for year 1887-88; 1888-89; 1889-90; 1890-91; 1891-92; 
1892-93; 

1893-94; Circular, 1893; 1894-95; 

1899-00. Circular No. 11, 1899; 

1899-00. Circular No. 11, 1899; 

1901-02. Circular No. 37, 1901; 

1902-03. Circular No. 40; 



892 University of Texas Bulletin 



1903-04. Circular No. 45, 1903; 

1904-05. Circular No. 48, 1904; 

1905-06. Circular No. 48, 1906; 

1906-07. Circular No. 6, 1906; 

1907-08. Circular No. 4, 1907; 

1908-09. Circular No. 6, 1908 ; 

1909-10. Circular No. 6, 1909. 



State Apportionment for the Available School Fund for the year 
beginning September 1, 1908, and ending August 31, 1909. 
Census age over 7 cmd under 17. Texas Public School Officers, 
County Permanent School Funds, and Local Taxes in Inde- 
pendent Districts. 1908. Circular No. 6. 

Scholastic Population and State Apportionment Available School 
Fund, 1910-1911. Public School Officers, Local Tax Rates in 
Independent School Districts. County Permanent School 
Fund. Bulletin No. 3. 1910. 

— 1911-12. Bulletin Non. 12, 1911. 

1912-13. Bulletin No. 20, 1912. 

Public School Directory of the State of Texas. School Officers, 
Scholastic Enumeration, State Apportionment. Available 
School Fund, County Permanent School Fund, Local Tax 
Rates, etc. 

1913-14. Bulletin 29, January 1, 1914. 

1914-15. Bulletin 36, November 1, 1914. 

1915-16. Bulletin 49, December 1, 1915. 

1916-17. Bulletin 59, December 1, 1916. 

1917-18. Bulletin 72, January 1, 1918. 

1918-19. Bulletin 89, December 1, 1918. 

1918-19. Corrected Bulletin 97, March 1, 1919. 

1919-20. Bulletin 110, January 1, 1920. 

STATE COURSE OF STUDY 

Rules and Regulations for the Government of Public Free 
Schools in the State of Texas, Adopted by the Board of Ed- 
ucation, 1871. 

Rules and Regulations for the Government of Public Free 
Schools in the State of Texas, Adopted by the Board of Edu- 
cation. Kevised December 31, 1871. 



Education in Texas 893 

Official Course of Study and Manual of Method for the Rural 
Schools of Texas. State Department of Education, 1899. Cir- 
cular 90. J. M. Carlisle, State Superintendent. 

Course of Study for the Public Free Schools of the State of 
Texas. Some work in agriculture suggested. Issued by the 
State Department of Education. R, B. Cousins, State Super- 
intendent. (1906.?) 

Course of Study for the Public Free Schools of the State of 
Texas, with an introduction and Appendices. Issued by the 
State Department of Education. R. B. Cousins, State Super- 
intendent, 1908. 

Course of Study for the Public Schools. F. M. Bralley. Bul- 
letin No. 10. August 1, 1911. 

Course of Study for the Public Schools. F. M. Bralley. Bul- 
letin No. 18. September 1, 1912. 

Course of Study for the Public Schools. F. M. Bralley, State 
Superintendent of Public Instruction; T. H. Shelby, Chief 
Clerk, State Department of Education. Bulletin No. 25, Sep- 
tember 1, 1913. 

Supplement to the State Course of Study for the Public Schools 
of Texas. 1914-1915. W. F. Doughty. Bulletin 34, August 
25, 1914. 

Manual of Course of Study for the Public Schools of Texas. W. 
F. Doughty. Bulletin 46, August 1, 1915. 

Manual and Course of Study, Elementary Grades, Public Schools 
of Texas. 1918. W. F. Doughty. Bulletin 88. November 1, 
1918. 

Same title. Annie Webb Blanton. Bulletin 105. September 1, 
1919. 

Manual and Course of Study for the Public Schools of Texas. 
1918. (Elementary and High School Grades.) Bulletin 86. 
September 1, 1918. 

State Dept. of Ed., Univ. of Texas, A. & M. College. 

Courses in Agriculture for the Secondary Schools of Texas. 
Joint Bulletin No. 1. October 1, 1914. 



894 University of Texas Bulletin 

CERTIFICATION OF TEACHERS 

Teachers' Certificates. F. M. Bralley. Bulletin No. 8. Novem- 
ber 22, 1911. 

. Bulletin No. 19. October 10, 1912. 

The Certification of Teachers in Texas. Statutory Provisions and 
Ridings of the State Superintendent. Bulletin 43. June, 1915. 

Examinations and Certificates. 1912. Bulletin 19. 

.. Bulletin 42. February, 1915. 

. W. F. Doughty. Bulletin 50. January 1, 1916. 

— . W. F. Doughty. Bulletin 61. January 1, 1917. 

. Annie Webb Blanton. Bulletin 74. February 



1, 1919. 



1, 1921. 



Annie Webb Blanton. Bulletin 117. 1920. 
Annie Webb Blanton. Bulletin 128. January 



THE TRAINING OF TEACHERS 



Cousins, R. B. 

Lectures on Summer Normal Institute Work. 1898. 
Rutledge, P. T. 

The Development of the Agencies for the Training of Teachers for 

the Public Free Schools of Texas. (An M. A. Thesis, University 

of Texas Library. 1919.) 

Sears, Dr. Barnas 

Letter to Wm. Cary Crane, May 1, 1876. (On the establishment 

of a Normal School in Texas. Library of R. C. Crane, Sweetwater.) 



Texas State School of Methods. Outlines of Lectures for Session 
of 1897. Waco, Texas. July 14-28, 1897. 

SUMMER NORMAL INSTITUTE BULLETINS 

State Department of Education 

Suggestive Course of Study for Summer Normal. Circular 
No. 28c. 1892. J. M. Carlisle. 

Suggestive Course of Study for Teachers. 1893. J. M. Carlisle. 

Official Course of Study and Program of Work for Texas Sum- 
mer Normal Institutes. Circular No. 49. 1894. J. M. Carlisle. 

. Circular No. 49, 1897. J. M. Carlisle. 



Education in Texas 895 

Outlines of Subjects for Use in the Summer Normals. 1905. 

Circular No. 2. R. B. Cousins. 
Summer Normal Institutes — Circular No. 4, 1906. 

Circular No. 2, 1907. 
Circular No. 2, 1908. 
Circular No. 2, 1909. 
1910. 
1911. 
Bulletin No. 16, 1912. 
Summer Normal Bulletin — Bulletin No. 32, May, 1914 
" Bulletin No. 44, May, 1915 

Bulletin No. 52, May, 1916. 
Bulletin No. 63, April, 1917. 
Bulletin No. 78, April, 1918. 
Bulletin No. 100, June, 1919. 
Bulletin No. 118, June, 1920. 

COUNTY INSTITUTES 

State Department of Education. 

Teachers' Institutes. 1892, 1893, 1894. 

Outline of County Institute Work in Texas. 1905-1906. Insti- 
tute Circular No. 1. R. B. Cousins. 1905. 

Institute Bulletin Suggestions and Recommendations. W. F. 
Doughty. Bulletin 33. August 1, 1914. 

County Teachers' Institute. W. F. Doughty. Bulletin 57. Au- 
gust 1, 1916. 

. Bulletin 66. July 1, 1917. 

, . Bulletin 79. May 15, 1918. 

PUBLICATIONS OF FEDERAL BOARD OF VOCATIONAL 
EDUCATION 

Federal Board of Vocational Education Statement of Policies. 
Bulletin No. 1, 1917. Washington, D. C. 

Federal Aid for Vocational Agriculture in Texas, under the 
Smith-Hughes Law. Bulletin of the State Board for Vocation- 
al Education. W. F. Doughty, and J. D. Blackwell, Bulletin 
68. August 1, 1917. 



896 University of Texas Bulletin 

Bulletins of the State Board of V ocational Education in Co-op- 
eration with the Federal Board for Vocational Education* 
W. F. Doughty and J. D. Blaekwell. 

Federal Aid for Vocational Home Economics in Texas, under 
the Smith-Hughes Law. W. F. Doughty, Nina B. Crigler. 
Bulletin 75. February 1, 1918. 

Federal Aid for Vocational Industrial Education in Texas, un- 
der the Smith-Hughes Law. W. F. Doughty, N. S. Hunsdon.. 
Bulletin 76. February 1, 1918. 

Same title. Annie Webb Blanton, J. D. Blaekwell, C. L. 
Davis, J. H. Hinds. Bulletin 108. September 1, 1919. 

A Year's Work in General Agriculture. W. F. Doughty, J. D. 
Blaekwell. Bulletin 92. July 1, 1918. 

First Annual Report of tne State Board for Vocational Educa- 
tion. 1917-1918. Bulletin 95. July 1, 1918. 

A Year's Work in Vocational Agricidture. Plant Production. 
W. F. Doughty, J. D. Blaekwell, E. G. Bressler. Bulletin 93. 
September 1, 1918. 

Same title. Animal Production. Bulletin 94. September 1, 1918. 

Laboratory Exercises in Animal Production. Annie Webb 
Blanton, J. D. Blaekwell, C. L. Davis. Bulletin 106. Septem- 
ber 1, 1919. 

Laboratory Exercises in Plant Production. Annie Webb Blan- 
ton, J. D. Blaekwell, C. L. Davis, C. A. Wood. Bulletin 107 r 
September 1, 1919. 

Project Study Outlines. Annie Webb Blanton, C. L. Davis, J. 
H. Hinds, J. B. Rutland. Bulletin 121. September 1, 1920. 

Outlines of Plans for Vocational Education in Texas under the 
Smith-Hughes Act. 1920-1921. Bulletin 125. November, 
1920. 

Fifteen Lessons in Food Conservation Compiled and Recom- 
mended by the Texas Advisory Educational Committee on 
Home Economics, Co-operating with the TJ. S. Dept. of Agri- 
culture and the Federal Food Administration. Bulletin 71. 
December 1, 1917. 



Education in Texas 897 

MAGAZINES AND EDUCATIONAL PERIODICALS 

Southern Educational News, Dallas. January, 1915. A r ol. 1, 

Nos. 1 3, 4, 5, 6, 7, 8, 10. 
Texas Educational Journal. Paris. January, 1873. Vol. 1, No. 1. 
Texas Journal of Education. Austin. August, 1880. Vol I; 

Vol. II, Nos. 2-12 ; Vol. Ill, Nos. 1, 2. 
The Texas Pedagogue. Port Lavaca. May, 1897. Vol. I, Nos. 1, 2. 
Texas School Journal and Magazine of Method. Dallas. April, 

1883. Vol. I, Nos. 4, 7, 8, 10; Vol. II, Nos. 1, 3, 9; Vol. Ill, 

Nos. 2, 10, 11, 12; Vol. IV, Nos. 2, 10, 11, 12. 
Texa'S School Journal. Dallas. Vol. V, Nos. 1-10, 12; Vol. VI; 

Vol. VII, Nos. 1, 2, 4-8, 10-12; Vol. VIII, 1-3, 5, 9-10, 12; Vol, 

IX, 4, 9 ; Vol. X, 4, 8-12 ; Vol. XI, 1-2, 5-12 ; Vol. XII, 2-12 ; 

Vols. XIII-XVII ; Vol. XVIII, 1-4, 6, 7, 9, 10; Vols. 19-28 ; Vol. 

29, Nos. 1, 3-9, 11-12 ; Vol. 30 to present. 
Texas School Magazine, Dallas. April, 1899. Vols. 1-16, 17, No. I 2 . 
Texas Manned Training Magazine. Austin. Vol. I, No. 1. 
Texas School Review. Houston. June, 1908. Vol. I, No. 1. 
Texas Literary Guardian. A Monthly Journal Devoted to Edu- 
cation, Literature and Science, Waco Texas. Vol. I, No. 1, 

1875. (Crane's Library.) 
The School Forum. A Magazine of Education. Dallas. Vols. I 

and II. 
The Texas Motherhood Magazine. Vol. I. 1910 to present. 
The Texas Journal of Education. Galveston. Vol. I, Nos. 1-11. 

September, 1889-July, 1890; Vol. II, Nos. 1-9. September, 

1890-May, 1891. (In the Rosenberg Library, Galveston. The 

University Library has Vol. I, No. 1, Vol. II, Nos. 2, 3.) 
Quarterly of the Tex&s State Historical Association. Vols. 1-16. 

Later Title, Southwestern Historical Quarterly. Vols. 17-22. 
Texas Review. Vol. I, 1885-86. 
Texas Historical and Biographical Magazine. Vol. I, 1891 ; Vol. 

II, 1892. Link, J. B. (Ed.) 
The Texas Methodist Historical Quarterly. Vol. I, 1909. Cody, 

C. C. (Ed.) 



lumbers indicate copies in Library of The University of Texas, 
unless otherwise stated. 

2 Merged with Texas School Journal. 



898 University of Texas Bulletin 

Texas Federation of Women's Clubs Yearbook. 1901-02; 1902- 

03, 1904-05, 1908-09, 1911-12, 1913-14, 1915-16, 1916-17. 
Texas School Review. A Monthly Journal of Educational 

Thought, Houston. Vol. I, Nos. 1 and 2, 1920. 
School and Science Review. Austin. January, 1918. Vol. I, 

Nos. 1 and 2. 
Southwestern School Review. Austin. 1921. Vol. I, Nos. 1 and 2 
The Texas Pioneer Magazine. The American Sketch Book. 1878. 

Vols. I- VII. French, Mrs. Bella (Ed.) 
The Guardian and Young Texan. Waco. 1884. Vol. I, No. 9. 
The Guardian. Waco. Vol. II, Nos. 1-6, 1885; Vol. Ill, Nos. 1, 

3, 5-6, 10, 1885-86 ; Vol. IV, Nos. 1, 6, 8-10, 1886-87 ; Vol. V, 

Nos. 1-5, 7-10, 1887-88; Vol. VI, No. 10, 1888-89; Vol. VII, 

No. 2, 4, 1889-90. 

REPORTS AND PUBLICATIONS OF EDUCATIONAL 
ORGANIZATIONS 

Texas Educcdional Conventions. (Notice of Conventions from 
1846 to 1854.) In Barnard's American Journal of Education, 
Vol. 16, 373-374. 

Educational Convention of Texas, in the City of Houston, Jan- 
uary, 1846. An Address on Education by Rev. Chauncey 
Richardson, A. M., President of Rutersville College. (Dean 
Cody's Library.) 

Proceedings of the Texas Teachers' State Convention. Houston, 
1866. 

Educational Convention in Texas. Fairfield, 1871. 

Educational Convention. In Tri-Weekly Statesman. Dee. 31, 
1872. 

Texas Tec-chers' Association. In Texas Review. Vol. I, No. 11, 
1886, 718-720. 

Constitution and By-Laws of Teachers' Co-operative Fraternity, 
Chartered 1887. 

Texas State Teachers' Association Proceedings, 1886, 1888, 1890, 
1896, 1898, 1900, 1901, 1909, 1911, 1912-1919. 

Texas State Teachers' Association. Report of the Committee 
on Educational Progress wifhin the State during the Scholas- 
tic years 1904-05 and 1905-06; 1906-07; 1907-08; .1908-09; 
1909-10. 



Education in Texas 899 

Proceedings of the North Texas Teachers' Association. Paris. 

November 25th and 26th, 1904. 
Proceedings of the Superintendents' Association of Texas. Dec. 

27-28, 1889. In Department of Education Circular. 
Proceedings of the County Superintendents' Institute. Waco. 

1911. 
Texas Music Teachers' Association. Official Year-book. 1916. 
Proceedings of the Trustees of the Peabody Educational Fund. 

1876-1914. Vols. 1-6. Indexed. 

Curry, J. L. M. 

Brief Sketch of George Peabody and a History of the Peabody Educa- 
tion Fund Through Thirty Years. 1898. 
Conference for Education in Texas. 

Proceedings of the First Annual Session of the Conference 
for Education in Texas. 1907. Bulletin No. 1. 

Proceedings of the Second Annual Session of the Conference 
for Education in Texas. 1908. Bulletins 2-5. 

Proceedings of the Third Annual Session, etc. 1909. Bulle- 
tins 11, 16. 

Proceedings of the Fourth Annual Session, etc. 1910. Bulle- 
tins 17-27. 

Bulletins 28, 29, 1911. 

Proceedings of the Fifth General Session, etc. 1912. Bulletin 
No. 15. Revised. 

Reasons for Supporting the Educational Amendment to Sec- 
tions 49 and 52 of Article 3 of the Constitution. 1913. 
Bulletin 30. 

Sutton, W. S. 
The Mission of the Conference for Education in Texas. 



The Texas Baptist Educational Society — Its Organization and 
History. In Texas Historical and Biographical Maga- 
zines. Vol. II, 156-162, 780. 

The Central Educational Commission of Texas. In Texas 
Historical and Biographical Magazine. Vol. II, 679-687. 

Baptist Educational Association of Texas. Dallas. Chartered 
February 26, 1878. 



900 University of Texas Bulletin 

SCHOOL LANDS AND SCHOOL FUNDS 

I. OFFICIAL DOCUMENTS 

Throckmorton, J. "W., Chm., et al. Report on Bill for tlie In- 
vestment of the Special School Fund in the Bonds of Railroad 
Companies. 1856. 

Report of the Commissioner of the General Land Office, for flic 
years 1856- '57. (State Library.) 

Report of the Board of Commissioners* to provide for the In- 
vestment of the Special Sdhool Fund in Bonds of Railroad 
Companies Incorporated oy the State of Texas. 1857. (State 
Library.) 

The School Land Question. W .C. Walch, Commissioner, 1882. 

Report of the Board for the Survey of Three-Hundred Leagues 
of Land for the unorganized Counties. January, 1883. 

Recommendations of Hon. John D. Stephens, State Agent, to 
the State Land Board. 1885. 

Condensed Report of State School Land Agents to State Land 
Board. 1885. 

Report of the Commissioner of the General Land Office, State 
of Texas, upon the findings of the Special Commission ap- 
pointed under the Act of March 2, 1899. Nov. 1, 1899. Chas. 
Rogan, Commissioner. 

Texas School Lands on the Market. Sept. 1, 1905. J. J. Ter- 
rell, Comm. 

II. NON-OFFICIAL PUBLICATIONS 

Herndon, W. S. 

Educational Fund. Speech of in the House of Represen- 
tatives. February 6, 1872. 
James, Ashby S. 

Texas School Lands. The Homeseeker's Guide. 1903. (Digest of 
School Land Law, etc.) 
Miller, E. T. 

The State Finances of Texas During the Civil War, and During Re- 
construction. In Quarterly Texas State Hist. Assoc. Vol. XIV, 
1-23; 87-112. 
Miller, E. T. 
' A Financial History of Texas. 1916. 



Education in Texas 901 

Rogers, R. W. 

School Funds of Texas. (M. A. Thesis, 1911. The University of 
Chicago.) 



The School Land Problem. In Texas Review. Vol. 1, No. 2, 1885, 

65-74. 
Sale of School Lands. In Texas Review. Vol. 1, No. 3, 1885, 129-140. 
Variations in Policies on School Lands. In Texas Review. Vol. 

1, No. 4, 1885, 201-212. (Several other discussions of the school 

land are found in the Review.) 

HIGHER EDUCATION 

Benedict, H. Y. 

A Source Book Relating to the History of the University of Texas; 
Legislative, Legal, Biographical and Statistical. 1917. (Contains 
complete bibliography.) 
Blaekmar, Frank W. 

The History of Federal and State Aid to Higher Education in the 
United States. Washington, 1890. 
Burleson, R. C. 

The First Fifty Years of Baylor University. Jubilee Oration. June, 

1895. In The Guardian, Vol. XIV, No. 9. Sept., 1895. 
Baylor University— First Decade. In Texas Historical and 
Biographical Magazine. Vol. I, 149-164; Vol. II, 617-636. 
Casey, Paul D. 

History of the A. d M. College Trouble. 1908. 
Clark, Horace 

Commencement Address. Baylor College. 1884, (Good for brief 
history of College.) 
Cody, C. C. 
Methodist Educational Institutions in Texas. In Bulletin of the 
Board of Education of the M. E. Church, South. Vol. Ill, No. 2. 
Haynes, Harry, et al. 

Life and Writings of Rufus C. Burleson. 
Hume, Francis C. 

Austin College and Texas History. Alumnus Address. In Austin 
College Quarterly. Vol. 2, No. 2. October, 1903. 
LeFevre, Arthur 

The Organization and Administration of a State's Institutions of 
Higher Education. A Study Having Special Reference to the 
State of Texas. 1912. 
Organization for the Enlargement by the State of Texas of Its Insti. 
tutions of Higher Education. 1912. 



902 University of Texas Bulletin 

McDowell, F. M. 

The Junior College. U. S Department of the Interior, Bulletin 1919, 
No. 35. 
McLean, John H. 

Brief Mention of McKenzie Students. In Methodist Hist. Quart. 

Vol. 1, 150-161. 
Historical Sketch of the Southwestern University from Its Beginning 
in 1873 to 1891. In Texas Christian Advocate, 1891. 
Mood, F. A. 

A 'Narrative of the Facts Relating to the Founding and Progress 
of Southwestern University from 1840 to 1882. (Dean Cody's 
Library.) 
Sexton, F. B. 
Human Progress: An Address before the Literary Societies of Austin 
College. 1858. 
Sinks, Mrs. Julia Lee 

Rutersville College. In Quarterly Texas State Hist. Assoc. Vol. 
II, 124-133. 
Shurter, Edwin DuBois 
A Constitutional Tax for the Support of Higher Educational Institu- 
tions in Texas: Bibliography and Selected Arguments, 1915. 
Smith, Robt. F. 
Historical Sketch of the Agricultural and Mechanical College. 1895. 
(Not seen.) 



Addresses at the Inauguration of Rev. Rufus W. Bailey, A.M., as 
President of Austin College, Huntsville, Texas. February 13, 1859. 

Institutions of Learning: Waco University, Baylor Female College. 
In Texas Historical and Biographical Magazine. Vol. II, 764-769. 

The State Institutions of Higher Education in Texas. Their Past 
Services, Future Possibilities, and Present Financial Condition. 
A Discussion by the Educational Campaign Committee. May 1, 
1912. 

Register of the Kappa Epsilon Society, Organized in Austin Col- 
lege. 1853. 

Semi-Centennial. In Austin College Quarterly. Vol. 1, No. 2. 

The Constitution and By-Laws of the Dialectic Society of McKenzie 
College, 1859-60. (Dean Cody's Library.) 

Revision of the Constitution, By-Laws and Regulations of the 
Philogian Society of McKenzie College, 1860. (Dean Cody's 
Library.) 



Education in Texas 903 

CATALOGUES OF UNIVERSITIES AND COLLEGES 

Agricultural and Mechanical College (Founded 1871; opened 
1876). 
Announcement and Circular, 1876-77. 

Annual Catalogue, 1876-77, 1877-78, 1878-79, 1879-80, 1881- 
82, to present. 
Austin College (Founded 1849; opened 1850). 

Catalogue, 1891, 1893, 1894, 1895, to present. 
Austin Collegiate Female Institute, Catalogue, 1855-1856. 
Austin Home Institute, Catalogue, 1891. 
Bastrop Military Institute, Annual Catalogue of, 1858. (Dean 

Cody's Library.) 
Baylor University (Founded 1845; opened 1846). 

First Annual Catalogue, published 1 1851-52; also following: 
1852-53; 1853-54; 1854-55; 1855-56; 1857; 1858; 1867; 1868- 
69; 1871-72; 1880-81; 1881-82; 1882-83; 1884-85 to present. 
Alumni Directory, 1854-1911. B. U. Bulletin, Vol. XIV, No. 

4, 1911. 
Alumni Directory, 1854-1914. B. U. Bulletin, Vol. XVII, No. 
4, 1914. 
Waco University (Est. 1861; consolidated with Baylor Univer- 
sity, 1882). 
Fiftfa Annual Catalogue, 1865-66; also following, 
1869. (Condensed Catalogue, Crane's Library); 1870-71; 
1872-73; 1873-74; 1874-75; 1875-76; 1876-77-; 1877-78; 1878- 
79; 1879-80; 1882-83; 1884-85. 
Baylor Female College. 

34:th Annual Catalogue, 1879-80. 
36th Annual Catalogue, 1881-82 (Crane's Library). 
38th Annual Catalogue, 1884-85. ' 
4:9th Annual Catalogue, 1894-95. 
50th Annual Catalogue, 1895-96. 
Blinn Memorial College, Catalogue, 1896-97 ; 1897-98 ; 1900-01 ; 

1901-02; 1902-03; 1904-05; 1906-07; 1908-09; 1912-13. 
Brandon Institute, Catalogue, 1893-94; 1898-99. 
Chappel Hill Female College, Catalogue 1867 (Crane's Li- 
Clarendon College, Catalogue, 1906-07 to 1909-10; 1911-12. 



904 University of Texas Bulletin 

College of Industrial Arts. (Est. 1901.) 

Report of Board of Regents. First Annual, 1902; Second 
Annual, 1905; Second Biennial, 1906; 1908 ; Eighth, 1916-18 
Catalogue, 1901 to present. 
Coronal Institute, Catalogue. 

1896-97; 1903-04; 1916-17 (defunct). 
Daniel Baker College. 

Catalogue, 1890-91; 1895-96; 1897-98; 1904-05; 1908-1915. 
Summer School and Summer Normal, 1912. 
Decatur Baptist College. 

Catalogue, 1902-03; 1907-08; 1908-09. 
East Texas State Normal College (Est. as private normal, 1889; 
State, 1917). 
Catalogue, First Annual Session, 1917-18; 1918-19; 1919-20; 
1920-21. 
Fort Worth University. 

Catalogue, Twenty-seventh, 1907-08; 1908-09; 1909-10 (de- 
funct). 
Grayson College. 

Catalogue, 1894-95 • 1896-97 ; 1899-00 ; 1900-01 ; 1901-02 ; 1902- 
03 ; 1905-06 ; 1906-07 ; 1908-09 ; 1909-10. 
Howard Payne College. 

Catalogue, 1892; 1896-97; 1899-04; 1903-04 ; 1905-06 to present. 
Hood Seminary Catalogue, 1888-1889. 
John Tarleton College. 

Catalogue, 1904-05; 1906-07; 1907-08; 1908-09; 1909-10; 1912- 
13; 1913-14. 
McKenzie College. 

Annual Catalogue of tJie Students amd Faculty of McKenzie 
College, near Clarksville, Texas. For tlie session of I860- 
61. (Dean Cody's Library.) 
North Texas State Normal College (Est. 1902). 

Catalogue, 1901-02-10; 1911; 1914; 1915; 1916. 
North Texas Female College 

Catalogue, 1888-89; 1896-97; 1902-03; 1906-07 to 1910-11. 
North Texas Baptist College, Catalogue, 1891-92. 
North Texas University, Catalogue, 1891-92. 
Patterson Institute, Catalogue, 1895-96 ; 1900-01. 



Education in Texas 905 

Polytechnic College. 

Catalogue, Sixth, 1897-98; 1898-99; 1899-00; 1902-03; 1905- 
06; 1906-07; 1907-08; 1908-09; 1909-10; 1910-11; 1911-12. 
Summer Session, 1907 ; 1912. 

(All at Southern Methodist University; all but 1894-95 at 
Texas Woman's College.) 
Rockwell College, Catalogue, 1897-98 ; 1899-00 ; 1903-04. 
Rice Institute. 
v Book of the Opening, 3 Vols. 

Catalogue, 1912 to present. 
Rutersville College. 

Second Annual Catalogue of Rutersville College, 1841. (Dean 
Cody's Library.) 
Sam Houston State Normal Institute. (Est. 1879.) 

Catalogue, 1879, 1879-80; 1882-83; 1885-86; 1887-88 to present. 
San Antonio Academy, Catalogue, 1886-87; 1887-88; 1890-91; 

1896; 1898; 1901. 
Savoy Literary and Commercial College, Catalogue, 1884-85. 
San Antonio Female College. (Est. 1894.) 

Catalogue 1916-17. 
Southern Methodist University. (Founded 1911, opened 1915.) 

Catalogue, 1915 to present. 
S'oule University. 
Catalogue of Soule University, 1858-59; 1859-60. (Both in 
Dean Cody's Library.) 1866-67; 1880-81. (Both in Crane's 
Library.) 
Southwest Texas State Normal. (Est. 1901.) 

Announcement, 1903-04 to present. 
Southwestern University. 

Circular, Texas (Southwestern) University : ■ 1874, 1875, 1867- 
77. (All in Dean Cody's Library.) 
Annual Catalogue of Southwestern University, 1876-77 ; 
1878-79, to present. 

Register of Young Ladies' School, 1880-81. 
St. Louis College. (San Antonio.) 

catalogue, 1898-99; 1903-04; 1906-07; 1907-08; 1909-10. 
St, Edward's College. Catalogue, 1887-88 to 1890-91; 1893-94; 
1899-00; 1903-04; 1906-07; 1909-14. 



906 University of Texas Bulletin 

St. Mary's College, Dallas. (Est. 1889.) 

Catalogue, 1902-03 to 1909-10; 1916-17; 1917-18; 1919-20; 
1920-21. 
St. Mary's Academy, 1900-01; 1901-02. 
Simmons College. (Est, 1892.) 

Catalogue, 1903-04 ; 1905-06 ; 1906-07 to present. 
Stamford College, 1912-13; 1917-18 (defunct). 
Stuart Female Seminary. 

Catalogue, 1886-87. 
Texas Holiness University. 

Catalogue, 1900-01 ; 1909-10 ; 1910-11. 
Texas "Woman's College. 

Announcement, 1914-15 to present. 
The Thomas Arnold High School. 

First Announcement, 1890; 1891; 1894; 1895; 1898; 1900: 
1901; 1902; 1903. 
Texas Christian University. 

Annual Report of the President, 1902-03; 1903-04; 1904-05; 
1914. 
Catalogue (Add-Ran. Thorp Springs), 1873-74 to 1875-76; 
1879-80 to 1881-82 ; 1883-84 to 1886-87 ; 1888-89 to 1894-95. 

(Waco), 1895-96 to 1898-99. 

(Ft. Worth), 1910-11 to present. 
Trinity University. (Est. 1869.) 

Catalogue (Tehuacana), 1892-93; 1895-96; 1898-99; 1900-01. 

Waxahachie, 1903- to present. 
Texas Presbyterian College for Girls. (Est. 1901.) 

Catalogues, 1905-06 to present. 
Texas Female Institute, 1875-76. 
Texas Military Institute 1 at LaGrange. 

Annual Catalogue, August 20, 1856 (Dean Cody's Library) ; 
1858; 1870-71. (Dean Cody's Library.) 
Texas Military Institute. (Bastrop, 1868-1870; Austin, 1870. > 

1872-73; 1873-74; 1877-78; First Annual Reunion, 1887. 
Texas Military Institute at Galveston, 1857-58. 
University of Texas. 
• Consult Dean Benedict's Source Book- 



a Same as Texas Monument and Military Institute. 



Education in Texas 907 

University of Dallas. (Est. 1906 as Holy Trinity College.) 

Catalogue, 1914-15; 1917-18; 1918-19; 1919-20; 1920-21. 
Ursuline Academy (Galveston). Prospectus, 1847-1914. 
Waco Female College. (Est. 1856.) Catalogue, 1883-84. 
Wesleyan College. 

Prospectus of Wesleyan College, Sail Augustine, Texas. Feb 
1, 1846. (One sheet 7x15 inches. Dean Cody's Library.) 
Weatherford College. 

Catalogue, 1897-98; 1898-99; 1900-01; 1901-02; 1911-12. 
Westminster College. (Opened 1895.) 

Catalogues, 1902-03; 1906-07; 1910-11; 1912-13; 1913-14; 
1914-15; 1916-17; 1919-20; 1920-21. 
Wayland 1 Baptist College. (Founded 1908; opened 1910.) 

Catalogue, 1918-19 ; 1919-20. 
West Texas State Normal College. (Est. 1910- ) 

Prospectus, 1910. Announcements, 1913-14; 1914-15. Cat- 
alogue and Announcements, 1914-15 to present. 

REPORTS AND OTHER PUBLICATIONS. 

Agricultural and Mechanical College. 

Reports of the Board of Directors, 1875-78 ; 1880-81 ; March, 
1882; December, 1882; 1885-89; 1891; 1892; 1894; 1895; 
1900-10 to present. 

Report of the President. December, 1878 ; 1889 ; 1883 ; Bien- 
nial, 1885-86; 1887-88. 

Report of the Commissioners in Charge of Work on the Agri- 
cultural and Mechanical College, March 24, 1876. 

Report in Message of Gov. Oram, M. Roberts to the Legisla- 
ture of the State of Texas, (extra Session), Convened in 
Austin, June 10, 1879, 43-47. 

Laws relating to the Agricultural and Mechanical College of 
Texas, and the proceedings of the board of directors of said 
college, from June 1, 1875, to January 23, 1878. Arranged 
and published by A. J. Peeler, 1878. 

(Consult also Messages of the Governors, Reports of the State 
Superintendents, etc.) 



908 University of Texas Bulletin 

Baylor University. 

Report of the Legal Relations of Baylor University to the 

Baptist State Convention of Texas. Published by order of 

the State Convention, "Waco, October, 1859. 
Reports on Baylor University. In Baptist State Convention 

Reports for 1848, 1851, 1852, 1856, 1859, 1860. 
Laws and Regulations of Baylor University, 1872, 1880. 

(Crane's Library.) 

Sam Houston Normal Institute. 
Reports of Principal 7th-8th Annual Session, 1885-86 • 1886-87 
Reports of Directors and Principal, 1889-90. 
Reports of Treasurer, 1891-92. 

(Consult also Governors' Messages and Reports of State Su- 
perintendents.) 
First Biennial Report of the State Normal School Board of Re 
gents for the years ending August 31, 1911, and August 
31, 1912. 
Second Biennial Report of the State Normal School Board of Re- 
gents for the years ending August 31, 1913, and August 
31, 1914. 
Third Biennial Report of the State Normal School Board of 
Regents for the years ending August 31, 1915, and August 
31, 1916. 
Reports of the U. S. Commissioner on Education. (Important 
information on Higher Education.) 

INTERSCHOLASTIC LEAGUE 

High School Meet at the University of Texas. No. 158 (j). Ex- 
tension Series 15. November 1, 1910. 

Constitution of the Texas High School Debating League. No. 
158 (f). Extension Series 11. November 1, 1910. 

Constitution of the Debating and Declamation League of Texa<s 
Schools. No. 20 (bis). Extension Series 20 (bis) (by error 
printed No. 202. Extension Series 17), October 8, 1911. 

Circidar Concerning the Debating and Declamation League of 
Texas Schools. No. 206. Extension Series 21. November 8, 
1911. 



Education in Texas 909 

Constitution of the Debating and Declamation League of Texan, 
Schools, and Model Constitutions for Literary Societies and 
County Organizations. No. 202. Extension Series 20. Octo- 
ber 8, 1911. 

Official Handbook of the University of Texas Interscholastic 
Athletic Association. No. 226. Official Series 69, April 8, 1912. 

Addresses on Education for the Declamation Contests of the 
Debating and Declamation League of Texas Schools. E. D. 
Shurter, Editor. No. 234. Extension Series 23. June 8, 1912. 

School Literary Societies. Model Constitution, Rides of Per- 
liamentary Procedure, and Principles of Debating. No. 292. 
Extension Series 37. August 22, 1913. 

The University Interscholastic League. Constitution and Rules 
for County, District, and State Contests in Debate, Declama- 
tion, and Athletics ivith Supplement. No. 274. Extension 
Series 28. April 8, 1913. 

. No. 354. Extension Series 59. August 20, 1914. 

Constitution and Rules of the University Interscholastic League- 
No. 29. May 20, 1915. 

Play and Athletics: Care of the Body, Playground Games and 
Equipment, Athletic Contests, Organization of Meets, Leagues, 
etc. Public Discussion Division of the Department of Ex- 
tension. No. 32. June 5, 1915. 

Athletic Rules of the University Interscholastic League. No. 
33. June 10, 1915. 

School Literary Societies: Model Constitution, Rules of Par- 
liamentary Procedure, Principles of Debating, Questions of 
Debate, Bibliographies and References. No. 35. June 20, 1915. 

HIGH SCHOOLS 

Bryant, I. H. 
How Far Should Public Free Instruction Be Carried? In Texas Re- 
view. Vol. 1, 1885, 578-586. (A reply to article by Sneed.) 
Fletcher, Thomas 

The High School Program of Studies. University of Texas Bulletin 
No. 2, 1915." 

Garrett, C. C. 
Brenham Free Schools. In Texas Journal of Education. Vol. 1, 
No. 1, 20. 1880. 



910 University of Texas Bulletin 

Hanzen, 0. A. 

Status of Manual Training and Domestic Economy in the Secondary 
and Higher School of Texas. University of Texas Bulletin, No. 
71. December 20, 1915. 

Henderson, Joseph Lindsey 

A Three-Fold Classification of Texas High School. University of 
Texas Bulletin, No. 288. July 22, 1913. 

Kimball J. F. 
Electives in Course of Study in the High School. Dallas Course of 
Study, 1916. 

Knight E. W. 

The Academy Movement in the South. 1920. 

(Sneed S. G.?) 
How Far Should Public Free Instruction Be Carried? In Texas Re- 
view. Vol. 1, 1885, 266-273. 

State Department of Education. 

Texas High Schools. Mathematics. W. F. Doughty, Emma L. 

Brown. Bulletin 84. August 15, 1918. 
. Latin. W. F. Doughty, J. P. Buck. Bulletin 81. 

August 1, 1918. 
. Modern Languages. W. F. Doughty, Rebecca 



Switzer. Bulletin 82. August 1, 1918. 
. English. W. F. Doughty, Leona Knox. Bulletin 



83. September 15, 1918. 
. The Teaching of Science. Annie Webb Blanton, 

S. M. N. Marrs. Bulletin 85. February 15, 1919. 
. History and the Social Sciences. Annie Webb 



Blanton, Mrs. R. L. Ragsdale. Bulletin 124. October 15, 1920. 
. The Teaching of Commercial Subjects. Annie 

Webb Blanton, W. B. Mikesell. Bulletin 116. May 1, 1920. 
. Home Economics. Annie Webb Blanton, Agnes 



Ellen Harris, Lilian Peek. Bulletin 114. April 12, 1920. 
. Hygiene and Home Nursing. Annie Webb Blan- 



ton, Agnes Ellen Harris, Lilian Peek. Bulletin 115. April 12, 
1920. 
. Music. Annie Webb Blanton, Elfleda Littlejohn. 



Bulletin 119. June 15, 1920. 
. Girls' Clothing Contest. Plans for 1919-1920. 

Annie Webb Blanton, Lilian Peek. Bulletin 109. November, 1919. 
. Classification and State Aid. 1914-1915. Bulle- 



tin 37. December 1, 1914. 

. Classification and Affiliation. Bulletin 65. June 

15, 1917. 



Education in Texas 911 



. Classification, Affiliation, and College EnVance 

Requirements of Institutions of Higher Education Co-operating 
with the State Department of Education. W. F. Doughty, and 
J. F. McDonald. Bulletin 77. March 1, 1918. 
. Directory of Classified and Affiliated High Schools. 



Bulletin 80. June 15, 1918. 

. Bulletin 101. July 15, 1919. 

. Directory of Classified and Accredited High 



Schools. Bulletin 123. August 1, 1920. 
Library and Laboratory Equipment for Classified High Schools. W. 

F. Doughty. Bulletin 55. July 15, 1916. 
The Rural High School Law. Bulletin No. 9. July 1, 1911. 
Classification of Public High Schools by the State Department of 

Education and Complete List of High Schools Showing the Class 

to Which Each Belongs. W. F. Doughty. Bulletin No. 26. 

September 5, 1913. 

. W. F. Doughty. Bulletin 58. September 1, 1916. 

Texas High Schools. Directory of Teachers. W . F. Doughty. 

Bulletin 73. January 5, 1918. 

. Bulletin 90. March 1, 1919. 

. Bulletin 113. January 15, 1920. 

. Bulletin 127. November 15, 1920. 

Texas High Schools. Library Equipment. W. F. Doughty and 

J. F. McDonald. Bulletin 91. October 1, 1918. 

University of Texas Bulletins. 

Suggestions Concerning Courses of Study and Methods of Teaching 

in High Schools. No. 1. February, 1901. 
The Committee on Affiliated Schools. Suggestions Concerning 

Courses of Study and Methods of Teaching in High Schools. Official 

Series 11. July 1, 1905. 
Suggestive Courses of Study in Manual Arts, Mechanical Drawing, 

and Household Economics for Texas High Schools. No. 192. 

Official Series 57. July 22, 1911. 
Mathematics in the High School. No. 193. Official Series 58. Au- 
gust 1, 1911. M. B. Porter and C. D. Rice. 
Suggestions for the Teaching of History and Civics in the High 

School. No. 201. General Series 22. October 1, 1911. August C 

Krey. 
Bookkeeping in the High School. No. 206. (bis.). Official Series 

62. November 8, 1911 (by error dated November 3). 
Trigonometry in the High School. No. 208. Official Series 63. 

November 22, 1911. 
Chemistry in High Schools. E. P. Schoch. No. 210. Official Series 

64. December 8, 1911. 



912 University of Texas Bulletin 

Physical Geography in the High Schools. F. W. Simonds. No. 239- 

Official Series 71. July 15, 1912. 
The Teaching of Plane Geometry. H. Y. Benedict and J. W. Cal- 
houn. No. 248 (by error printed 243). Official Series 75. 

September 22, 1912. 
English in the High School. M. Calloway, Jr. No. 250. Official 

Series 76. October 8, 1912. 
Biology in the High School. I. M. Lewis, and C. Hartman. No. 299. 

Official Series 93. October 15, 1913. 
Domestic Economy in the School. No. 326. Official Series 98. April 

1, 1914. 
Manual Training in the High School. No. 327. Official Series 99. 

April 5, 1914. 
Chemistry in the High School. Part I. No. 329. Official Series 

100. April 15, 1914. 
Physiology and Hygiene in the High School. C. Hartman. No- 

374. Official Series 109. December 1, 1914. 

The Teaching of Plane Geometry. H. Y. Benedict, and J. W. Calhoun. 

No. 356. Official Series 104. September 1, 1914. 
The Teaching of German in Secondary Schools. E. Prokosch. No. 
, 41. July 20, 1915. 

English in the High School. R. A. Law. No. 46. August 15, 1915. 
French and Spanish in the High School. E. J. Villavaso, and Lilia 

M. Casis. No. 50. September 5, 1915. 
Chemistry in the High School. Parts II and III. E. P. Schoch. No; 

375. Official Series 110. December 5, 1914. 

Physical Geography in the High Schools. F. W. Simonds. No. 

27. May 10, 1915. 
Suggestions for the Teaching of History and Civics in the High' 

School. The School of History. No. 56. October 5, 1915. 
Suggestions for the Teaching of Civics in the High Schools of Texas. 

C. G. Haines. No. 5. January 20, 1916. 
Manual Training in the High School. O. A. Hansen. No. 8. Feb- 
ruary 5, 1916. 
The Foreign Language Teachers' Bulletin. 
Vol. I, No. 1. No. 326. General Series 37. May 20, 1914. 
Vol. II, No. 1. No. 19. April 1, 1915. 

No. 2. Special Number for Teachers of Latin. No. 20- 
April 5, 1915. 
The English Bulletin. 

Vol. 1, No. 1. No. 72. December 25, 1915. 
The Texas History Teachers' Bulletin. 
Vol. 1, No. 1. University of Texas Bulletin No. 255. General Series 
28. November 15, 1912. 

No. 2. No. 267. General Series 30. February 15, 1913. 
No. 3. No. 280. General Series 32. May 22, 1913. 



Education in Texas 913 

Vol. 2, No. 1. No. 302. General Series 34. November 15, 1913. 
No. 2. No. 317. General Series 35. February 15, 1914. 
No. 3. No. 335. General Series 36. May 15, 1914. 
Vol. 3, No. 1. No. 370. General Series 38. November 10, 1914. 
No. 2. No. 10. February 15, 1915. 
No. 3. No. 28. May 15, 1915. 
Vol. 4, No. 1. No. 64. November 15, 1915. 
The Texas Mathematic Teachers' Bulletin. 
Vol. 1, No. 1. No. 44. August 5, 1915. 

No. 2. No. 6. January 25, 1916. 
Information Concerning High Schools Affiliated with the University 
of Texas. 
No. 124. Official Series 36. June 15, 1909. 
No. 149. Official Series 46. June 15, 1910. 
No. 191. Official Series 56. July 15, 1911. 
No. 242. Official Series 72. August 8, 1912. 
No. 287. Official Series 87. July 15, 1913. 
No. 340. Official Series 102. June 10, 1914. 
No. 34. June 15, 1915. 
No. 30. June 15, 1916. 
High School Bulletin. 

No. 106. Official Series 27. April 1, 1908. 
No. 150. Official Series 47. July 1, 1910. 
Directory of Texas High School Teachers. No. 19. 1916. 

INSTITUTIONS FOR DEFECTIVES 

First Annual Report of the Trustees of the Texas Institution 
for the Education of the Blind, Austin, 1857. 

First Annual Report of tfie President and Officers of the Texas 
Institution for the Education of the Deaf and Dumb, Aus- 
tin, 1857. 

Deaf and Dumib Asylum Report, May 31, 1879. In Message of 
Gov. Oran M. Roberts to the Legislature of the State of 
TexG'S. (Extra Session.) Convened in Austin, June 10, 1879, 
33-36. 

(Other reports are available down to the present. Consult also 
the Messages of the Governors.) 



914 University of Texas Bulletin 

REPORTS OF THE STATE COMPTROLLERS AND TREASURERS 

First Biennial Report of the Comptroller of the State of Texas. 

December 3d, 1847. (State Library, Bound with Journals of 

The Consultation, 1835.) 

(Other reports down to present are available.) 
Reports of the State Treasurer of the State of Texas for the 

years 1854-1855. Austin, 1856. 
Report of the Treasurer of Texas for the Fiscal year ending 

August 31, 1859, Austin, 1859. 
Report of the Treasurer of Texas for the Fiscal year ending 

August 31, 1861. Austin, 1861. 
Annual Report of the State Treasurer for the Fiscal year ending 

August 31, 1868. Austin, 1870. 
Annual Report of the State Treasurer for the Fiscal year ending 

August 31, 1869. Austin, 1870. 
Annual Report of the State Treasurer for the Fiscal year ending 

August 31, 1873. Austin, 1873. 
Annual Report of the State Treasurer, of the State of Texas for 

the Fiscal year ending August 31, 1875. Houston, 1876. 
Report of the Treasurer of the State of Texas for the fiscal year 

ending August 31, 1876. Galveston, 1877. 
Supplemental Report of the Treasurer of the State of Texas, 

showing balances to credit of the several accounts on January 

1, 1881. F. R. Lubbock, Treasurer. Austin, 1881. 

(Other reports down to the present are available.) 

RURAL SCHOOLS 

Bedichek, Una, and Baskett, George T. 

The Consolidation of Rural Schools With and Without Transporta- 
tion. University of Texas Bulletin. General Series 7. October 
1, 1904. 

The Consolidation of Rural Schools With and Without Transporta- 
tion. (Second edition revised by A. Caswell Ellis.) University of 
Texas, Bulletin No. 96. 
Bralley, F. M., and Shelby, T. H. 

Consolidation of Rural Schools. School Buildings and Plans and 
Local Taxation. State Department of Education. Bulletin No. 15. 
May 15, 1912. 



Education in Texas 915 

Cousins, R. B. 

The Improvement of the Country Schools of Texas Through More 

Efficient Supervision. 1906. 
The Great Need of Country High Schools and How to Get Them. 
LeFevre, Arthur 

The Rural Schools of Texas— Present Progress and Prospects and 
Practical Plans for Improvement. An Address to the State Teach- 
ers' Association, December 30, 1903. 
Wilson, S. C. 
Report of Sub-committee on Rural Srfwols. In Texas State Teach- 
ers' Association Report on Educational Progress Within the State 
During the Scholastic Years 1904-05, and 1905-06. 1906. 8-25. 

University of Texas Bulletins 
A Study of Rural Schools in Travis County, Texas. No. 67 of the 
1916 Series. E. E. Davis. 

• A Study in School Supervision with Special Reference to Rural 
School Conditions in Texas. March 1, 1907. No. 90. Carl Hart- 
man. 

A Social and Economic Survey of Southern Travis County. Bulletin 

No. 65. 1916. Lewis H. Haney and George S. Wehrwein. 
The Teaching of Agriculture in the Public Schools Bulletin No. 

85. General Series 15. A. C. Ellis. 
Nature Study and Agriculture for the Rural Schools of Texas. 

Bulletin No. 361. Extension Series 61. September 25, 1914. W. 

S. Taylor and C. H. Winkler. 
How to Organize and Conduct a School and Community Fair. Bulletin 

No. 1769. 1917. Amanda Stoltzfus. 
A Study of Rural Schools in Texas. Bulletin No. 364. 1914. E. V. 

White and E. E. Davis. 
Studies in Farm Tenancy in Texas. Bulletin No. 21. 1915. E. V. 

White, William E. Leonard, et al. 
One-Room and Two-Room Rural School Buildings, with Plans and 

Specifications. Bulletin No. 152. Extension Series 4. August 1, 

1910. 
Remodeling Rural School Buildings. Bulletin No. 197. Extension 

Series 18. September 8, 1911 (by error printed 198, Extension 

Series 19). 
Three-Room and Four-Room School Buildings. Bulletin No. 198. 

Extension Series 19. September 8, 1911. 
Rural School Education. Lectures Delivered and Outlines of Round 

Tables Held During Rural School Education Week Under the 

Auspices of the University Summer Schools. July 15-19. 1912. 

Bulletin No. 251. General Series 27. October 15, 1912. 



916 ('Diversity of Texas Bulletin 

State Department of Education 

The Rural High School Law. F. M. Bralley. Bulletin No. 9. July 

1, 1911. 
The Rural School Law, with Interpretative Notes and Explanations 

of the Law. Bulletin No. 45. August, 1915. W. F. Doughty. 
(No title) F. M. Bralley. October 26, 1911. 
The Million Dollar Appropriation, Country Schools, General Report, 

Distribution, Minimum Requirements and Recommendations. W. 

F. Doughty. Bulletin 54. July 1, 1916. 
State Aid for Country Schools. The Tivo Million Dollar Appropria- 
tion. W. F. Doughty. Bulletin 67. July 15, 1917. 
Rural Schools Library and Equipment. W. F. Doughty. Bulletin 

80a. August 1, 1918. 
Rural School Libraries. Annie Webb Blanton. Bulletin 120. August 

1, 1920. 

RELIGIOUS EDUCATION 

Aden, Dr. C. M. 

Proceedings of the Travis County Sunday School Association (1903). 
McLean, J. H. 

A Plea for Church Schools. Address Before the State Teachers' 
Association. Galveston, 1890. 



Eighth Annual Convention of the Y. M. C. A. of Texas, Waco, 1891. 
Report of State Executive Committee Texas Y. M. C. A. 1909-10. 
Texas Almanac, 1873, 147, 151-157. 
Proceedings of the State Sunday School Association. 

BAPTIST 

Anderson, James S. 

The Sunday School Talker, 1904. 

Fuller, B. F. 

History of Texas Baptists. 1900. 

Morrell, Z. N. 

Flowers and Fruits in the Wilderness ; or Forty-six Years in Texas 
and Two Winters in Honduras, Boston, 1872; St. Louis, 1882 and 
Dallos, 1886. 

Pilgrim, Thomas J. 

Report of the Committee on Sabbath Schools. In Proceedings of the 

Baptist Convention, 1851. 
Report of the Committee on Sabbath Schools. In Proceedings of the 

Baptist Convention. Held in the Church in Anderson, 1856. 
Minutes of the Fifth Annual Session of the Texas Baptist Sabbath 

School and Colportage Convention, Held with the Church at 

Bryan, July 9th, A. D. 1869. 



Education in Texas 917 

Porter, D. A- 

History of the San Marcos Baptist Association from Date of Organi- 
zation, 1858 to 1903. 1904. 

Walker, J. L., and Lumpkin, C. P. 
History of the Waco Baptist Association. 1897. 



Minutes of the Twenty-second Annual Session of the Baptist State 

Convention of Texas Together with the Minutes of the 

Sixth Annual Session of the Baptist Sunday School and Colportage 
Convention. September 28, 1870. 

Minutes of the Thirty-second Annual Session of the Baptist State 
Convention, 1879. (Crane's Library.) 

Minutes of the Thirty-eighth Annual Session of the Baptist State 
Convention, 1885. (Crane's Library.) 

Minutes of the Twenty-fourth Annual Session of the St. John Dis- 
trict Sunday School Convention. 1904. 

Minutes of the Convention and First Session of the Austin Baptist 
Association. 1857; 1859; 1901; 1905; 1916; 1917; 1918. 

Minutes of the Twenty-fourth Annual Meeting of the Union Baptist 
Association Held with Plantersville Church, August 14-17, 1863. 
(Crane's Library.) 

Union Association. First Decade. In Link's Historical and Biograph- 
ical Magazine. Vol. 1, 42-69. 

Union Association. Second Decade. In Link's Historical and 
Biographical Magazine. Vol. 1, 63-89. (Consult same for other 
Associations and Conventions.) 

The Sunday School and Colportage Convention. In Link's His- 
torical and Biographical Magazine. Vol. II, 226- ; 344-366. 

Baptists in Texas. (Editorial and Letters.) In Journal and Ad- 
vertiser, May 13, 1841. 

CHRISTIAN 

Lowber, J. W. 

The Christian Church, or Disciple of Christ. In Raines's Yearbook, 
Vol. I, 1901, 43-45. 

McPherson, Chalmers 

Disciples of Christ in Texas. 1920. 

CATHOLIC 

Parisot, Rev. P. F. 

The Reminiscences of a Texas Missionary. 1899. 
Parisot, Fathers P. F., and Smith, C. J. 

History of the Catholic Church in the Diocese of San Antonio, Texas. 
1685-1897. 



918 University of Texas Bulletin 

Schmitt, Rev. Edmoud J. P. 

A Catalogue of Franciscan Missionaries in Texas, (1528-1859). 
(See also under Spanish and Mexican Periods.) 

EPISCOPAL 

Garden, Rev. A. W. S. 

The Story of West Texas. 1915. 
Gregg, Right Rev. Alex., D. D. 

A Full History of the Episcopal Church in Texas, Dating from the 
Days of the Republic. Church Encyclopedia. N. Y. 1885. 
Gregg, Wilson et al. 

Alexander Gregg, First Bishop of Texas. 1912. 



Journal of the First Annual Convention of the Diocese of Texas. 

1850. 
Journal of the Second Annual Convention of the Protestant Episcopal 

Church in the Diocese of Texas. 1851; 1853; 1857; 1858; 1859; 

1860; 1861; 1862. 
Journal of the First Annual Council of the Protestant Episcopal 

Church in the Diocese of Texas. 1863; 1865; 1866; 1867-68; 1870-71; 

1893; 1894; 1897; 1898; 1899; 1904. 
Journal of the Twenty-eighth Annual Council of the Protestant Epis- 
copal Church in the Diocese of Texas. 1877. 
Journal of the Twenty-ninth, Thirtieth and Thirty-first Annual 

Councils of the Protestant Episcopal Church of the Diocese of Texas. 

1878; 1879; 1880; 1882; 1883. 
Journal of the Fifty-ninth Annual Council of the Protestant Episcopal 

Church in the Diocese of Texas. 1908; 1910; 1911; 1912. 
Journals of the Diocese of Texas from 1860 to 1890. 
Journal of the Third Annual Council of the Protestant Episcopal 

Church in the Diocese of West Texas. 1907. 

METHODIST 

Thrall, Homer S. 
History of Methodism- in Texas. Houston, 1872. Revised Edition, 

1889. 



Texas Methodist Historical Quarterly. Vol. I. 1909. passim. 

Minutes of the Fifth Session of the Texas Annual Conference of the 
Methodist Episcopal Church. December 14-18, 1870, 1871. 

Methodist Almanac, Rutersville. 1843. 

Journal Sixty-ninth Annual Session Texas Conference of the Metho- 
dist Episcopal Church, South. 1908; 1910; 1911; 1912; 1916. 



Education in Texas 919 

Minutes of the Fifty-first Session of the Texas Annual Conference of 
the Methodist Episcopal Church, South. 1890; 1893; 1894; 1903; 
1914; 1919. 

Minutes of the Ninth Annual Session of the North Texas Conference 
of the M. E. Church, South. 1876; 1881; 1882; 1883; 1887. 

Journal of the Central Texas Conference, Fifty-first Annual Session 
Methodist Episcopal Church, South. November 15-20, 1905; 1911. 

Journal of the Austin Annual Conference of the Methodist Episco- 
pal Church. 1905; 1908; 1911. 

Journal West Texas Conference. 1905-11; 1914-17. 

Journal Northwest Texas Conference. 1911. 

Journal of North Texas Annual Conference. 1911. 

PRESBYTERIAN 

Baker, Daniel. 

Daniel Baker's Talk to Little Children. 1856. 

Davenport, Rev. I. S. 

Cumberland Presbyterian Church, Synod of Texas. 

Miller, R. F. 

Early Presbyterianism in Texas as Seen by Rev. James W. Miller. In 
Quarterly Texas State Hist. Assoc. Vol. 19, 159, 161, 167. 

Wright, Rev. E. B. 

Presbyterian Church in Texas. 

Roark, Amos 

Narrative of the State of Religion Within the Bonds of the Presby 
tery of Texas. July, 1838. In Telegraph and Texas Register, 
August 4, 1838. 

Tenney, S- F. et at. 

History of the Presbytery of Eastern Texas of the Presbyterian 
Church in the United States. 1888. 



Minutes of the Presbytery of Dallas. 
Minutes of the Presbytery of Paris. 

MISCELLANEOUS 

Averitte, E. E. 

Common School Legislation in Texas Since 1876. 1915. (An M. A. 
Thesis. University of Texas Library.) 

Ayres, Leonard P. 
An Index Number for State School Systems. 1920. 

Christian, Mrs. Stella L. 

The History of the Texas Federation of Women's Clubs. 1919. 



920 University of Texas Bulletin 

Ellis, A. Caswell, and Kuehne, Hugh 

School Buildings. University of Texas Bulletin, No. 66. June 15, 
1905. 
Educational Notes 

Issued by the University of Texas, Published weekly. Vols. 1-3. 
1914-1916. 
Dinwiddie, HI H. 
Industrial Education in Texas. In Texas Review. Vol. 1. 1885, 

407-416. 
Industrial Education in Our Common Schools. Address Before Teach- 
ers' Institute at Fort Worth, 1886. 
Baillio, F. B. 

History of the Texas Press. 1916. 
Fitz-Hugh, Thomas 

Outlines .of a System of Classical Pedagogy. Decennial Report 
1889-99. School of Latin, University of Texas. 
Masonic Grand Lodge 
Proceedings of the Grand Lodge of Texas. 1837-1857. Vols. I and 
II. 1855-56; 1857, 1858, 1860-62. 
Penick, D. A. 

What the Classicists Think of the Classics. In The University 
Record. Vol. X, No. 4, 284-303. 

Raines, C. E. 

Yearbook for Texas. Vol. 1. 1901; Vol. II, 1902. 
Roberts, O. M. 

The Relation of Public Education to the Government of the State of 
Texas. University of Texas Bulletin (57). June 17, 1890. 
Russell Sage Foundation 

A Comparative Study of Public School Systems in the Forty-eight 
States. 1912, and reprinted 1913. 
Smith, Ashbel 
An Address on Agriculture Before the Texas State Agricultural So- 
ciety, Austin. February 5, 1853. 
Terrell, Mrs. J. C. 

Club Movements in Texas. In Galveston News, April 25, 1899. 
Texas State Agricultural Society 

Transactions Embracing the Proceedings Connected With Its Organi- 
zation, the Constitution, and an Address by the President. Vol. 
1. 1853. 
Vinson, Robert E- 

The University and the Public School System of Texas. In Proceed- 
ings of the Thirty-ninth Annual Meeting of the Texas State Teach' 
ers' Association. 37-39. 1917. 



Education in Texas 921 

White, E. V. 

Libraries for Public Schools. University of Texas Bulletin, No. 372. 
November 20, 1914. 
Winkler, Ernest William 

Platforms of Political Parties in Texas. University of Texas Bulle- 
tin, No. 53. 1916. 

Winston, George Taylor 

The Relation Between the University and the Public Schools. In 
Texas School Journal. Vol. 15, 15-18. January, 1897, 



Report of the Committee on Classical Text-Books. In Proceedings of 

the Texas Teachers' State Convention. 1866. 
The University and the Public Schools. In Texas School Magazine. 

Vol. V, 5-6. January, 1899. 
Proceedings Fourth Annual Reunion of Old Settlers Association of 

Bell County, Held at Belton, Texas. 1902. 
Same for Fifth Reunion. 1903. 
Address of the Board of Regents to the Teachers of Texas Public 

Schools. University of Texas Circular, No. 20. June, 1894. 
The Improvement of School Grounds. University of Texas Bulletin, 

No. 256. Extension Series 26. November 22, 1912. 
To the Superintendents and High School Principals of Texas. Uni- 
versity of Texas Bulletin, (S3). June, 1893. 
Reports of the U. S. Commissioner of Education. 1870 to present 
Reviews of Texas Education 

1870. 290. 1883-84. 261-265. 

1871. 350—352. 1884-85. 259-263. 

1872. 327—334. 1885-86. 37. 

1873. 381—387. 1886-87. 163-165. 

1874. 408—414. 1887-88. 146-148. 

1875. 407—413. 1893-94. 2, 1432-1434. 

1876. 386 — 389. (Consult also later reports.) 

1877. 244—248. 

1878. 233—237. 

1879. 230—235. 

1880. 308—315. 

1881. 246—250. 
1882-3. 248—252. 



922 University of Texas Bulletin 

GERMAN EDUCATION 

Benjamin, G. G. 

The Germans in Texas. A Study in Immigration, 1909. 
Mgebroff, Johannes 

GeschicMe cler Ersten Deutsclien Evangelisch-LutheHschen Synode 

in Texas, 1902. 
Penniger, R. 

German History of Fredericksburg and Gillespie County, Texas, with 

Sketches of New Braunfels, Fredericksburg, Texas. 1896. 
Schuricht, Hermann 

Gerschichte der Deutschen Schulbestrebungen in Amerika. 1884. 

NEGRO EDUCATION IN TEXAS 

Brown, A. G. 

The Serfdom of the American Negro. 1888. 
Curry, J. L. M. 

Education of the Negro Since 1860. 
Hare, Maud Cuney 

N orris Wright Cuney: A Tribune of the Black People. By his 
Daughter. 1913. 
Jones, Jesse, et al. 
Negro Education: A Study of the Private and Higher Schools for 
Colored People in the United States Prepared in Co-operation with 
the Phelps-Stokes Fund. U. S. Bureau of Education, Bulletins 
No. 38 and 39. 1916. 
Miller, Kelly 

The Education of the Negro. In The Report of the U. S. Commis- 
sioner of Education. 1901. Vol. 1. 
Piatt, Hazel 

Negro Education in Texas. (An M. A. Thesis, University of Texas. 
1917.) 
Roberts, 0. M. 
Message on Education of Negroes and Memorial of the Colored 
Men's Convention. April 27, 1882. In Journal of the House, 102; 
Journal of the Senate, 60-61. 
Ross, Governor L. S. 

Education of the Colored Race. An Exhibit of "What Texas, Under 
Democratic Rule, Has Done in the Past, and Is Now Doing for 
the Education and Betterment of the Colored Race. 1889. 
Rutton, William Seneca 

The Education of the Southern Negro. University of Texas Bulletin,. 
No. 221. March 1, 1912. 



Education in Texas 923 

Woodson, Carter Godwin 

The Education of the Negro Prior to 1861; A History of the Educa- 
tion of the Colored People of the United States from the Beginning 
of Slavery to the Civil War. 1915. 



Bill to Educate African Teachers. In Senate Journal, 1866, Eleventh 

Legislature. 525. 
Committee on Education of Colored People. In Proceedings of of the 
Texas Teachers' State Convention, 1886, 6-9. 

Children's Rights — Schools for All. A Speech in Congress, 1871, 
in Favor of Federal Aid and Control of Education. 

First Annual Report of the Supervisor of Colored Schools, Austin, 
Texas. 1890. 

Colored Teachers' State Association of Texas. Proceedings of the 
Annual Sessions of the Colored Teachers' State Association. Four- 
teenth Annual Session, 1899; Sixteenth, 1900; Seventeenth, 1901; 
Twentieth, 1904. 

Annual Reports of the Trustees and Superintendents of the Colored 
Deaf, Dumb and Blind Institute. 1887-88; 1889-90, to present. 

Legal Status of the Colored Race. In Americal Journal of Educa- 
tion. Vol. 19, 388-389. 

(Consult reports of the State Superintendent for statistics and 
Praisie View Normal reports.) 
Reports of U. S. Commissioner of Education. 

1888-89, Vol. 2. Negro Schools, 1412-1424, 1436-37. 

1894-95, Vol. 2. 1332-40, 1352.* 

1895-96, Vol. 2. Statistics of Colored Schools, 2082-2088.. 

2102, 2114. 

1896.97, Vol. 2. Statistics of Colored Schools, 2297-2300, 
2320, 2330. 

1897-98 Vol. 2. 2481-2488, 2494, 2506. 

1898-99, Vol. 2. Texas Normal School for Colored Teachers, 
2444-5. 

1907, Vol. 1, 239. Vol 2. Higher Schools, 1224. (Consut 
also later reports.) 
Prairie View Normal and Industrial College, Prairie View. 
(Est. 1879.) 

Laws of the Prairie View Normal School of Texas, with the 
Rules and Regulations. 1890. 



♦Page 1332 gives full references in all earlier reports on the Educa- 
tion of the colored people. 



924 University of Texas Bulletin 

Report, Annual, December 9, 1882. 
Report Biennial, 1885-86, 1886-88, to present. 
Catalogues, 1888-89, to present. 

Report on the Condition of the School, March 27, 1882, 7 pages. 
Regulations, 1900, 15 pages. 
Bishop College Catalogue, 1898-99; 1901-02; 1914-15. 
Report, Biennial, 1885-86, 1886-88, to present. 
Catalogues, 1888-89 to present. 



Education in Texas 



925 



o 



CD "^ 

cffi 
& 



■* (O 00 O M * 

w io w to to <o 

00 00 00 00 00 00 



a „ 

°S 
,4 

* *T 

m N 

o 

CD 

>> > 

XI o 
-i-i Mh r* 

I « 

ft « S 

<\ -u o 



O to 

° tf 
d) 

~ C|_| 

T3 

Si 
(- O 

CI to 
a) to 
O oo 



el .a 
2 s 

a -u 



o a> 



> -d 
o -^ 



CD *» 

he S 

d ° 

o O 
U 
cd 

4-> .d 

s E-. 



-3 CD 

a ~ 

^ d 



O ^H 

eg 
W) 
CD 



"3 

Cj< to 



oo 



S 2 o 1 « 
^ cd »--' 



5 -i 



d -O f» 

O C3 _. 

° J3 .S 

.2 .2 c 

OB ^ S 



o 



o 
a 

a 



a 


sc 


d 


t- 




oa 


DO 


t-H 


cS 




* 


4-| 

o 


PS 


d 
o 


cd 




TD 


♦J 



CD 


d 


4-3 


-3 


a 


CO 




H 


m 

CD 

a 


O 
O 


=3 

co 


CD 

-d 


CM 


■w 


o 


d 


CD 


•" 


w 


T3 


e 


CD 


o 


d 



.2 E- 1 u 



3 
02 



^h N 05 00 * t- N 

■J N H N N 

d 

C? > .: ^ J ^ ^ 



£00000 



a 



"* tO 00 © CM ■"*< 

ift in io co <s » 

00 00 00 OO 00 oo 



t- Tf CM CO «* tM 

bib hi) bib he bib hi) 

d p s d d d 

<1 <U «S < < < 



d pi 

o o 

a a 

b >> 

Pi ps 

03 03 

CD CD 

a a 

ed cS 



d d d d 


CO 


p< & a & 






^ 


o o o o 


•h 


*d T3 *o 13 


Gfl 


d d d d 


R 


ccj ccj ccJ ccj 




PS PS PS PS 


Oj 


ffl ffl ffi ffi 


d 

d 



u 





-d 


k 




d 


O 




CD 


Z 




c 










to 

CO 

oo 


CD 

a 

s 

02 




IS 






cm 


CD 




CD 


-M 




d 


02 




d 






I-? 







d 
o 
+j 

BO 

o 
PS 



a 

CD 
02 



bfl 

d 



d d d ti o! 



d 
o 


OO 




03 
+-> 
Xfl 








CD 


CD 
^3 


co 




^3 










CD 






54-1 
O 


T3 


g 




CO 


d 






CD 


p 






'u 








cd 






ro 


+j 






oo 


CD 
H 
U 






H 


CD 






- 


02 



" 5 

• O 


.d 

O 


« ^ 


£ 


CO CO 

CD bfi 


OQ 

hi) 


tn a 


d 


O 3 


<D r- 


j5 


Q « 


o 


. w 


DC 


o 




o 


£ 


o 




^6 


d 



University of Texas Bulletin 



w. 


o 


X 


fl 


u 


F* 


ed 


03 


a 
© 


> 
o 

O 




>> 




,a 






rH »» 

» o 



o o 
® d 

03 01 





fan 


+J 


bo 


a 


o 


cd 
m 


w 


+j 


Eh 

o 


0) 


a 


03 


Fh 

CD 



3 o 

o & 



o> o 



73 <u >g O 



01 

d d 

.£? o 

0) p, 



r-l 03 

. Fh 

>> o> 

"-5 CC 

o 

5H F 

01 S 








,Q 


iH 






a 






d 
ed 


a 

e3 


a 


d 


o 


CD 
W 


o 

o 


CD 

CD 

cc 


Fh 

o 
d 

> 
o 


■«-> 

o 

CD 

fcl 

CD 

o> 


Fh 

o 
d 

CD 
> 

o 
O 


eti 


O 


cij 


* J 


>> 


+-> 


>-, 


o 


,Q 


o 


A 












•a 




Xi 


T-i 


0> 


Ti 


0.) 


CD 




CD 


-<-> 


a 


d 


d 


a 


05 


o 
a 


Ml 


Q 

a 


CU 


a 


o> 


a 


ti 


<j 


tf 


< 



CD 



CC 

a 



•^/t LO t- <35 O i— I iH 

oo oo no oo a a ® 
oo oo oo oo 00 oo oo 



r- I ^ CO rH CO m r- I © W 



cm 



d d d a d 

ccj ctf cd ■ CD cd 
1-5 I-} *S W. >-5 



WlOt-OiHHMlOt-olOHMMlDfO) 
Oi01©©©©©©©©>-HrHrHrHrHrHrH 

M3ooo»o!0)oi*ao)0)ooioo)oia> 

'-IrHrHiHr-lT-lTH'-lrH^HrHiHiHT-lrHrHT-l 

CllflmOi'NOjNMarihNHaaH 



dpddd^ddddd^daddd" 

ninjeatjtjSoitJdoJrt "3 cd CD ed cd cd 



d 


. 








^ 






■a 


£ 


o 


CO 








i- 




OJ 


CD 


o 


a 










cq 




CM 


d 




a 


C3 








bO 




bo 


o 


CI 

CTi 




2 








< 




5 


CD 


CO' 
H 






-f 


to 


co 




© 




K 


■* 






co 


co 


00 




oa 












00 


GO 


00 




00 












iH 


iH 


rH 




iH 
































<tf 


CI 


CO 




■* 








"O 




















03 




















4J 




















O 




t> 


F>" 


> 




> 








CD 




o 





o 




o 













fc 


z 


55 




55 









CD Tj 

£1 d 



bo ® 
d h 



5- 

^ a 



CS i-l 



o> 

a <*> 

d °* 

o> oo 

W rH 



c3 



00 CO ^ CO CO 



> > > t> > 

5 o o 5 5 



IM rH CO 00 o 

O O O O -rH 

Oi Ci CI C^ CT5 



"* 00 CO CO 



bi 

d 



> > > > 
o o o o 

£ fc ^ 2 



Tt< CO 00 o 

iH rH rH CM 

a 9) a o> 

rH rH rH rH 

CO C- m CM 



> > > > > > 

o o O O O o 



" U Pi Q fl ^ m 

^ X o o o o - 

* d o o S « ^ 

« m o o ^ £ rf 

S S ffi W o d g 

« ri d d sd a -, 





0) 


Ed 


m 






O 


Fh 

ed 
O 



TO ni 

O 



M W 



10 K » >i b, >> 

.5 .S .H ® ^ -2 

03 CO CQ Tj i^ "S 



d d 
o o 



>> £ £ 

£ -d ,d 

^bOb, 

iSrl 



2 g 



a & fc fc S 5 



^ oa m 3 s « «' n S s 

^' i-i r,* <! ^ pi pi pcf fe ^ fe ^ t£ ^ 



pq « 

^a .a 

CD 01 
CD 

d *3 
d d 



Education in Texas 



927 



STATISTICS 

Unless otherwise stated all statistics have been taken from the 
Reports of the State Superintendents with little further verification. 
In many instances they are incomplete and often inaccurate. 

GROWTH OF POPULATION IN TEXAS 



Year 
1847 
1850 
1860 
1870 
1880 
1890 
1900 
1910 
1920 



142, 009 1 

212,592 

604,215 

818.579 

1,591,749 

2,235,527 

3,048,710 

3,896,542 

4,663,228 



Per cent 
Increase 



184.2 
35.5 
94.5 
40.4 
36.4 
27.8 
19.7 



TOTAL NUMBER OP PUBLIC SCHOOLS ORGANIZED AND 
MAINTAINED 







Com- 


Cities 


Year 


District 


munity 


and 




Co. 


Co. 


Towns 


Sept. 1871 


587 






Dec. 1871 


1324 






1871-72 


2067 






1872-73 


1874 






1873-74 


2129 






1874-75 


2924 






1875-76 


No statistics 




1876-77 




3862 


39 


1877-78 




4581 


52 


1878-79 




6127 


66 


1879-80 




5819 


94 


1880-81 




3865 


* 


1881-82 




5113 


123 


1882-83 




5048 


129 


1883-84 




5678 


208 


1884-85 


3728 


3273 


268 


1885-86 


3299 


4227 


315 



l Appendix to Laws passed by the Second Legislature of the State 
of Texas. Houston, 1848. (In office of Secretary of State.) The 
other statistics of population come from U. S. census reports. 



928 



University of Texas Bulletin 







Com- 


Cities 


Year 


District 


munity 


and 




Co. 


Co. 


Towns 


1886-87 


3359 


3931 


254 


1887-88 


4052 


4295 


375 


1888-89 


4652 


4276 




1889-90 


4628 


4437 


i 


1890-91 


5182 


4145 


119 


1891-92 


5576 


3587 


270 


1892-93 


5501 


3706 


364 


1893-94 


7736 


1760 


435 


1894-95 


7951 


1928 


445 


1895-96 


7480 


2547 


378 


1896-97 


7653 


2381 


455 


1897-98 


6918 


2225 


492 


1898-99 


* * 


* * 




1899-00 


7869 


2697 


526 


1900-01 


8909 


2551 


649 


1901-02 


9740 


2444 


566 


1902-03 


8043 


2526 


342 


1903-04 


8653 


2078 


381 


1904-05 


8828 


1817 


451 


1905-06 


7509 


1789 


459 


1906-07 


9682 


877 


498 


1907-08 


9625 


875 


861 


1908-09 


10755 




925 


1909-10 


10855 




813 


1910-19 


* 


* 


_ * 


1919-20 


9384 




1638 


*No report. 




**Summary not 


given. 







Education in Texas 



929 



AVERAGE LENGTH OF SCHOOL TERM IN DAYS 



Date 


City 


District Cos. 


Communi 


1871 1 




85 2 




1873-74 




80 3 




1874-75 




78 




1875-76 








1876-77 






60 


1S77-78 






80 


1878-7 9 


159 




73 


1879-80 


158 




73 


1880-81 






79 


1881-82 


136.9 




95 


1882-83 


179 




80 


1883-84 








1884-85 


168.2 


100.8 


101.5 


1885-86 


166.6 


108.2 


101 


1886-87 


158.4 


105.8 


97.4 


1887-88 


152.8 


105.2 


98.6 


188S-89 


147 


100 


96.8 


1889-90 


152.4 


100.2 


96.6 


1890-91 


151.2 


100.2 


9 4.4 


1891-92 


170.2 


94 


93.8 


1892-93 


173 


97 


98 


1893-94 


155 


91.4 


82.6 


1894-35 


144.4 


83.4 


70.8 


1895-96 


124.5 


86.6 


82.7 


1896-97 


148.2 


98.4 


91 


1897-98 


166.4 


99 . 9 


92.5 


189S-99 


155.7 


101.5 


104.7 


1899-00 


157.4 


100 


88 


1900-01 


162.7 


98 


98.8 


1901-02 


163 


84.7 


94.2 


1902-03 


153.5 


106 


98.29 


1903-04 


164.9 


104.2 


94.4 


1904-05 


153.5 


100.8 


104.1 


1905-06 


158.5 


100.5 


98.2 


1906-07 


155.8 


102.3 


116.2 


1907-08 


154.3 


109.0 


119. 8 4 



'April to August 31. 

2The law required four months attendance. 

3 Report of the Secretary of State of the State of Texas, 1881, 156; 
Message of Gov. Oran M. Roberts to the Legislature of the State of 
Texas (extra session) convened in Austin, June 10, 1879, 42. 

4 The Community System of organization was discontinued at this 
time. 



930 



University of Texas Bulletin 



Date 


City 


District Cos 


1908-09 


154 


114.2 


1909-10 


160 


116.5 


1910-11 


157 


118 


1911-12 


151 


114 


1912-13 


154 


117 


1913-14 


148 


115 


1914-15 


144 


105 


1915-16 


146 


110 


1916-17 


149 


134 


1918-19 


152 


126 



Community Cos. 



DECREASE OF MALE TEACHERS 



Year 

1873-74 
1878-79 
1879-80 
1880-81 
1881-82 
1882-83 
1883-84 
1884-85 
1885-86 
1886-87 
1887-88 
1888-89 
1889-90 
1890-91 
1891-92 
1892-93 
1893-94 
1894-95 
1895-96 
1896-97 
1897-98 
1898-99 
1899-00 
1900-01 
1901-02 
1902-03 
1903-04 
1904-05 
1905-06 



Male 


Per Cent 
of total 


Female 


1822 


73.0 


672 


4022 


77.7 


1152 


3049 


71.7 


1200 


2525 


70.7 


1042 


3737 


75.2 


1228 


No statistics available 




4326 


68.8 


1957 


5696 


69.9 


2448 


5975 


69.1 


2668 


5586i 


69.0 


2505 


6377 


64.2 


3544 


6665 1 


62.7 


3954 


6642 


61.0 


4238 


6462 


59.0 


4489 


6037 


54.7 


4984 


6367 


53.4 


5539 


6563 


52.6 


5899 


6852 


52.6 


6156 


6815 


51.5 


6402 


7179 


51.4 


6774 


7279 


51.4 


6866 


7499 


50.0 


7490 


7347 


48.9 


7672 


7135 


46.4 


8239 


7051 


43.8 


9019 


7024 


42.1 


9626 


6613, 


40.4 


9746 


6389 


38.4 


10237 


6311 


36.4 


10983 



Total 

2494 
5174 
4249 
3567 
4965 

6283 

8144 

8643 

8091 

9921 

10619 

10880 

10951 

11021 

11906 

12462 

13008 

13217 

13953 

14145 

14989 

15019 

15374 

16070 

16650 

16359 

16626 

17294 



'Figures based on certificates issued. 



Education in Texas 931 

Year Male Per Cent Female Total 

of total 

1906-07 5878 33.4 11675 17553 

1907-08 6054 31.8 12956 19010 

1908-09 6350 31.0 13748 20098 

1909-10 6508 30.5 14769 21277 

1910-11 No statistics available 

1911-12 No statistics available 

1912-13 No statistics available 

1913-14 No statistics apailable 

1914-15 No statistics available 

1915-16 6559 27.8 17019 23578 

1916-17 No statistics available 

1917-18 No statistics available 

1918-19 No statistics available 

1919-20 5229 18.0 23772 29001 



y:*2 



University of Texas Bulletin 



fl M H 



d t- O 

« CO O 

o m os* 





t- 


tO 


co 


O 00 




■* 


os 


o 


O CO 


CJ 


CI 


co 


CO CO 


Ph 











£ 


a> 


CN 


o 


<D 


T3 


o 


M 


00 




d 


Fh 


1— 1 




°J-i 


cS 


CD 

Ph 






► 


•a 








+J 


a3 








o 


a> 




00 


th 


fl 


!-. 


c 


00 


i-H 


Pi 


_^ 


<v 


cr. 


LO 


cS 


o 


§ 


xt< 


00 


o 













a 










es 










u 


« 









>* a 



■* O t-I LO c— 

rH tO 00 OS rH 

^t< ira -^i cq t*< 

tO N H t- N 

N ^ U3 » H 



Q> ^h 



OJ CO CXI to 
CO 00 CO iH 





M 






O 


O 


u 


OS 

PI 
0> 






o 


i-H 


1) 
> 
o 






c 


05 


13 


3 






CI 


0] 


Pi 


Ph 










o3 












co 


CD 










oS 


X 


00 


« 






0> 


*3 


OS 


C] 







«j 


<n 


Ph 


2 


Pa 


;> 


h 


?• 


3 















«2 


bO 












a) 


03 


























"oS 


a 






to 


CM 






a> 






c- 


CM 




CD 


t-, 


<D 


o3 
O 


OS. 
t- 


C- 


u 


•*-» 


o3 

Ph 


> 
o 


Eh 


to 


00 

rH 


CD 

> 
o 




> 


•a 

a5 








-a 




03 








PI 




z 


a> 
05 

=t-i 


PI 

s 


to 
o 

CO 


CM 
iH 


W) 




PI 

a; 


o 


o 


l- 


LO 


o 




CJ 


02 


£ 


CM 


c~ 


CO 




Fh 


<h 






Sh 




a; 


cj 








03 




Ph 


CD 








0> 






>> 








>> 







t- l> tft OS co 



OS OS 



-hh OS oo 



o o 


>H 

cp 


a> to eg 


.Q 


§ © to" 


a 


■>f o 


3 


** 


fc 



N W jo "* ■* 

M t- H © ^ 

Hi 0O q OJ oo 

to oo ^T cm m" 

>-h o ,_, oo as 

M W M N N 



u 



OS 1ft to 
» 00 oo 
>H <H T-H 



O O O o 
M "> O H N 
00 00 gj OS 05 



Education in Texas 



933 



■* lO N (O 00 



re 


re 


00 CM 


+-> 




lO CO 


o 






H 







O ■* 00 OO CO 

N 00 M H 113 

UO -HH ,-< CO © 

CM CD t- -# CM 

OS t— CO CM © 



g co ta 

« CO CO 



(D 






P» 




O 




TS 


1-H 


d 


US 




cS 


O 




CO 


oo 






OS 





T3 








•- H 




>> 








d 

re 








% 




© 








^3 

re 


d 

CD 


o 


o 


o 
d 

d 

03 




DO 

cd 
+j 
re 


i-H 


• t- 


t- 


" 




CO 


cxi 




■* 


-* 


00 


o 

d 


CD 

Ph 


CO 


CO 


O 




cd 


E- 


CM 


iH 


d 












M 








cS 




















o 












cd 










CD 


■* 


in 




00 


o 


CTS 


• &> 


CO 




"cS 


CO 


CM 




CI 




CO 


■ t- 


IC3 




S 








CO 


3 


-tfl 


• LO 


E- 












o 


















-* 


■* 


. ^ 


CO 












I- 




as | 


! * 


LO 



o 




re 


o 


US 


o 




lO 


• t- OJ 




3 


3S 


00 


S- 


a> 


OS 


• -tf 1 C5i 


re 


a, 1 


CD 






re 


t~ 


• CO CO 


<x> 
>, 


> 



fe 






CD 


> 
o 


CM 


° co to 
LO oo 


© 


^3 








o 


t3 


i-l 


CM CM 


CI 


d 








i-i 


d 






F-4 


cc3 








u 


re 






CD 

5 


CD 

M 
cd 


CD 


co 


00 


s 


CD 
bo 

re 


© 


• CM © 


s 




re 


x 


t- 


£j 




c- 


• -=f CM 


^ 




§ 


i-H 




£ 




t- 

CM 

■i-l 


• •"*! CO 

\ CO c- 
LO oo 
CM CM 



re m co 

* 00 CO 



© © © © © 



934 



University of Texas Bulletin 



C-5 O 
t- LO 

O LO 


00 00 
00 © 
O tH 


tf •* o 

00 O0 CO 
CO T-H CO 


in 00 
© CO 


■* T-l 


Oi CN tH 
CO ^f 00 



3 © io © 







CO 


tH CO 00 






Fh 


OO rH 






a> 








.3 


ft* 






+-> 








O 








CO 






t 


•a 








3 


© c- o 






3 


© io 






■H 


t- t- 






O 


cq tj? 








ft* tH 






-CI 




TO 




3 




Eh 




Ph 




« 








O 


© 


3 




3 
o 

o 


O 


© LO 




OS 


T-l 

© 


TO O 


t— i 


ei 


ft* 


£3 ~ 




H 


TO jS 








* § 








H -o 








O H 




^ 




S3 




a 


© © © 




o 
a 


© © 

© .-HH 


Eh fl 
TO O 




00 
ft* 


P 




w 




H 








Eh 








i— i 




co 


LO © © 




ft 

3 


© T-l © 


& 




tH ■* 00 






Ph 


cq 



f 00 o 

00 N O) 

00 © -^< 

01 M O 
CO CO 00 



a 


© 


© 


© 


CO 


■>*< 


tH 


t^ 


T 


OS 


CM 


O 

o 
,3 


eo 


US 


CI 


o 








CO 








a) 








4-1 








03 








> 


t~ 


© 


© 




eo 


CO 


<* 


lH 


CI 


© 



S-c C« 

s a 

O Ph 



CD CD 



pa 

< 

H 
H 

Eh 

g 
5 

Q 

O 
O 

M I ^ 

TO 

cj a 

w > 

Eh 

Eh 
O 
Eh 



o H US 



>"3 l-l Tf O0 



_ © tj< io 



* s 



CO © 

© eo 



ca w © 
. <w oo oo 

^ TH T-l 





u 

a 


CM 


LO 


CO 


o 
o 

tC 
u 


© 


oc 


DG 


03 

CD 


3 




CM 


tH 


TO 


Tf< 


rH 




£ 








_o 


CO 


N 


O 


bO 

r2 










2 




rH 














3 








o 
O 










0. 










U 


© 


© 


© 


• 


© 


© 


© 


r-i 


OS 


IO 


CO 


t- 


r— ( 


LA 


CO 


t- 




CD 


oo 


DO 


00 




00 


00 


oo 




tH 


tH 


tH 




T-l 


tH 


H 



p— I © © © 



Education in Texas 935 

PEABODY EDUCATION FUND 

Tabular Statement of the Distribution of the Income from the 

Year 1868 to September 30, 1897. 

Texas 

1868 $ 

1869 

1870 1,000 

1871 

1872 

1873 

1874 1,000 

1875 1,350 — $ 3.000 1 

1876 4,450 — 4.350 2 

1877 7,150 — 8,550* 

1878 8,050 

1879 9,000 

1880 15,250 

1881 9,050 

1882 14,950 

1883 12,600 

1884 5,500 

1885 4,500 

1886 2,500 

1887 2,500 

1888 1,500 

1889 2,600 

1890 6,500 

1891 5,774 

1892 6,500 

1893 4,500 

1894 3,750 

1895 3,500 

1896 4,000 

1897 4,500 



$141,974 



'Fifth Annual Report State Supt., 27. 
'First Biennial Report, 21. 



936 



University of Texas Bulletin 



LOCAL TAXATION FOR MAINTENANCE 



Year. 

1873-74 
1874-75 
1875-84 
1884-85 
1885-86 
1886-87 
1887-88 
1888-89 
1889-90 
1890-91 
1891-92 
1892-93 
1893-94 
1894-95 
1895-96 
1896-97 
1897-98 
1898-99 
1899-00 
1900-01 
1901-02 
1902-03 
1903-04 
1904-05 
1905-06 
1906-07 
1907-08 
1908-09 
1909-10 
1915-16 
1916-17 
1919-20 



County Districts 

No. Amount 
. . $ 39.729.26 1 
244,879.00 
(No local taxation) 
18 58,485.62 

24 18,296.37 

37 26,869.42 

56 48,278.56 



194,857.61 
207,419.60 



380,373.84 
419,840.10 
444,695.93 
479,872.36 
533,045.71 
645,593.71 
874,056.84 
1,124,917.21 

2,703,019.56 



Cities and Towns 
No. Amount 



I no 



51 
49 
51 

70 



7 
11 
21 
35 
28 



206,532.88 
221,706.47 
219,700.45 
259,266.89 



569,606.74 
584,291.42 



944,419.25 
1,022,219.10 
1,216,696.22 
1,385,767.84 
1,547,113.23 
1,979,072.24 
2,224,587.78 
2,523,275.40 

5,173,391.21 



Totals 



Amount 



265,018 
240,002 
246,569. 
307,545, 
334,040. 
377,147 
469,392, 
632,190. 
662,871. 
764,464. 
791,711. 



50 
S4 
87 
45 
97 
28 
2 3 
81 
65 
35 
02 



897,669. 

934,347. 

975,576. 
1,089,696. 
1,233,513. 
1,324,793. 
1,441,960. 
1,661,392, 
1,865,640. 
2,080,158. 
2,624,665. 
3,098,644. 
3,648,192. 
6,990,407. 
7,876,410. 
9,718,860. 



44 
04 
68 
80 
85 
09 
05 
,15 
20 
94 
95 
62 
61 
28 
77 
24 



DISTRICTS VOTING LOCAL TAX 





a Z 

o W 

a S 

1* 


No. Voting 
Maintenanc 
Tax 


60 

c 

o 

> 

6 


bo 

•3 
5 x 

PQ H 


xn 

1—1 m 
£ 5 


No. Voting 
Maintenance 
Tax 


No Voting 
Building 
Tax 


1904-05 


6562 


2016 






451 


343 




1905-06 


6131 


2217 






451 


329 


254 


1906-07 


6910 


2625 




32 


498 


378 


314 


1907-08 


6321 


2854 




161 


499 


434 


367 


1908-09 


7516 


3115 




272 


618 


492 


359 


1909-10 


7796 
,ed. 


3884 




311 


702 






'Estimal 





Education in Texas 937 

PUBLIC SCHOOL LIBRARIES 

District Cos. Community Cos. City Schools 

Year Libraries Books Libraries Books Libraries Books 

I860 1 147 86,538 

1873-74 .. 1,100 

1886-87 No statistics 

1887-88 5 302 54 9,236 

1888-89 13 2,233 14 1,720 58 10,184 

1889-90 10 1,191 19 847 74 14,'o70 

1890-91 45 1,448 6 539 95 20,098 

1891-92 ... 2,121 ... 4,481 101 23,566 

1892-93 ... 3,473 ... 3,189 141 29,270 

1893-94 No statistics 

1894-95 221 6,225 33 1,646 197 38,668 

1895-96 No statistics 

1896-97 No statistics 

1897-98 86 5,921 17 878 223 55,891 

1S9S-99 No statistics 

1899-00 No statistics 

1900-01 141 11,107 30 2,491 279 76,737 

1901-02 167 19,802 56 3,394 307 85*228 

1902-03 17S 18,245 11 748 355 96*441 

1903-04 313 30,260 38 2,638 385 100*947 

1904-05 504 42.700 28 1,693 406 121,720 

1905-06 515 37,865 32 1,726 449 118,638 

1906-07 599 47,140 15 1,093 4S1 148,729 

1907-08 755 51,058 31 2,160 424 17350S 

1908-09 938 58,277 627 180*949 

1909-10 1311 68,750 667 198*.929 

1910-11 No statistics 

1911-12 No statistics 

1912-13 No statistics 

1913-14 No statistics 

1914-15 No statistics 

Total No. of Vols. Bought Total No. 

Year Libraries During Year. Volumes 

1915-16 6,679 466,340 630,407 

1916-17 634,988 1,101,328 

1917-18 8,854 

'U. S. census. 



938 University of Texas Bulletin 

DISTRIBUTION OF THE AVAILABLE SCHOOL FUND. 





Scholastic 


Total Amount 




Year 


Population 


of Distribution 


Per Capita 


1854 


65463 1 


$ 40,587.06 


$ .65 


1854-55 


66,150 


100,607.91 


1.05 


1855-56 


72,826 


101,588.08 


1.38 


1856-57 


86.799 


105,026.79 


1.21 


1857-58 


102,772 


105,855.00 


1.03 


1858-59 


101,031 


113,154.00 


1.12i/ 2 


1859-60 


104,447 


104,447.00 


1.00 


1860-61 


105,200 


65,224.00 


.62 



"Since 18 61 no disbursments for schools have been made from the 
treasury," wrote Supt. Wheelock, in Report to Constitutional Convention? 
May 30, 1868. 

COMPARATIVE TABLE SHOWING THE ANNUAL NET 

EXPENDITURES OF SCHOOL FUNDS OF THE 

STATE OF TEXAS FROM 1871 

Year (Sept. 1 to Aug. 31.) Amount 2 

1871-72 $ 739,894.43 

1872-73 343,645.58 

1873-74 968,198.28 

1874-75 723,052.00 

1875-76 No statistics 

1876-77 501,691.00 

1877-78 747,534.00 

1878-79 941,404.00 

1879-80 753,346.00 

1880-81 525,630.79 

1881-82 803,849.12 

1882-83 (estimated). 1,168,629.89 

1883-84 (estimated). 1,557,172.23 

1884-85 1,945,714.58 

1885-86 2.166,632.58 

1886-87 2,016,744.99 

1887-88 2.752.332.47 

1888-89 3,058,971.10 



'Report of Ex-officio State Superintendent gives total of 147.666. 
See Relation del Teserero del Estado de Texas.. November, 1855, 35. 
His figures, however, amount to only 68,666. Figures for 1855, as- 
given by Treasurer, 138,954; by actual count, 56,401. 

2 These amounts were paid out of State and county available fund 
and local maintenance fund, and do not show the net expenditures for 
all purposes. 



Education in Texas 939 

COMPARATIVE TABLE SHOWING THE ANNUAL NET 

EXPENDITURES OF SCHOOL FUNDS OF THE 

STATE OF TEXAS FROM 1871 — Continued. 

Year (Sept. 1 to Aug. 31.) Amount 

1889-90 3,178,299.96 

1890-91 3,596,059.15 

1891-92 3,906,526.92 

1892-93 4,034,813.51 

1893-94 3,591,325.92 

1894-95 3,624,823.20 

1895-96 3,979,260.29 

1896-97 4,324,885.48 

1897-98 4,291,836.28 

1898-99 4,485,291.93 

1899-00 4,469,014.34 

1900-01 4,914,631.56 

1901-02 5,223,551.60 

1902-03 4,034,813.51 

1903-04 6,279,689.17 

1904-05 6,604,602.45 

1905-06 7,160,905.38 

1906-07 7,644,786.95 

1907-08 8,448,697.95 

1908-09 9,668,010.81 

1909-10 10,573,675.76 

1910-15 No statistics 

1915-16 16,559,207.76 

1916-17 18,753,991.34 

1919-20 25,185,550.31 



940 



( ii i versify of Texas Bulletin 



a o o^ he 



o » o a o 

CO'Sg-G 



in i- i* o f» i 



co ec oi cc i> i~ co -^ -■- o o i" r /j o « c; 1 1^ a O) r o ci ?i 7) r- - co w -* m 

CO ^ CJ OU C I - CO ~ 3 i - — S. I - ili^lOOi '. . - ' - I - I - Ol ^- 0-.1 o o 

r-n -— -— i— r-^ *-< t-h cm co cc n rt cc m ■* i- ^f 10 m in 'ft w lt cw ^ a i- oi- 



CP 4> H 

Ills 

go S3 

ftO°6 



^CO^ 



O CO -.W-siOt- -^IvC^CO CM ^J-^JOO 

CO 00 * * ItlcroHOiOOHCOWTCC-OrtW^OMl'M ■)-+* W H (N (NM 



88S888S8888SS888g888S8SS8SS88S 

aO £- £ O CO -r I- co ~ ■ :o -.-. c O r O -^ O -r Tf i- lO cc 7j — -r -i* o_l Os O <-< O O »ft co 



* CO -^1 CO CC 5 CO 'X i— -S Lft ■* -T* 



|Q -r CC 7-1 i.O t> — W t- ^ ' 



!8s£g$3 



i tr CsCs t-- ft as uo 0> X as -* co so to 7 1 :n: i- i- so 00 in M - i to ? I : : 7 l ; - ft co M 

< as os t- l- -a i- j. — - — co i5 t-i co — CO -r 71 71 :■: - 1 — - — :/ - so — as *m -h as 
> -* ■<* -f r- (X C 1— c?> o to o co co oi r- 1 r- m cd o cc ^ m o h no ^«i J>00 as --" 

HH (NM 71 CI (N 0-3 Ol CI CO CM Ol 7" CO CO CO CO CO CO CO CO CO -* 



P4& 






>C^t^C^O^C>0»nr^OCOO^©OoOOOCOO©QoiOiOiOOOOt» 
jiO"*oDP5<NOOC^<Di50(MX> 35 OOiC 35 — ■-:»-: 1- = 5m:n-'- so 1 3 © 01 



r-i r-t r-t <M -11 T < 



) co co co -* irt 10 ■ 



< co co -* ** ' 



i-lr-lO" ~V- IjN-t'l'iOO'OOOriniOMMpHHlOgNWMfiMn 

^ c co 10 (M co 10 00 1- -* 1— < OVco !>• ^0 r- © r ^ i" « 1- co O t <- i-i w L 1 n Os <& o , 



: COO -* OQ 00 



C0 00aHtOinn^ N Osr-a 
so o co \z so :~ 1— ' o '~ / as ? 
1-imw 0-1 cni <m :o t ^ -tOi 



Os w CO irs 10 c 

8£ 



^ O CO CO N I 

> CO os *~ m 

5 CO CO l^ 1> i 



JS3S 

■ OS so 



H H ^1 O t 5 W -I* IO O " L" °0 - 

o -^ -t* ^ ./; :: — :- X -r '-": 0s -t* »— 1 
:o 0: -r o ri ~ S3 "~ ' 



^ -" r. »-. Os 01- j^io- 



« »~ -*OlOa 711- r 



* CS I- C OS -11 I- X ^> CO --h 



1 :c cc w ■* ^ kO 10 o i-- t- c/D c o c -^ o _;■ — 1— 



i_- . : 00 b t- O rH o; Nc)OSgiOt-©Oco 



* CO OS ^ I— CO 00 



i=i 35 F- Cg'iH 



W O r"M I- ^ Ift 



S : ^ CM » 

OS co eg o 



O JC »" I - 7-1 to 0) *X> CO 'MC5I-WCI>NT"*0^^ 

0s co co i- as o T-i so l •■ 1- 'vi -*i' C". *t -tcoi-- os as t-n 
01 co co :o co "t< r»i -r -j* -r to uo 10 in W io 10 to i^ 10 cc 



fe CO 



.S o 



00 ab w 00 



' -f -P ^ SO CO CO - <c0 so so SO so l> I-- 1 ■- t- t^ lr^ X^ I 

> A ob at 00 ok obotQkoootcookotokotototc/-okc 



■ !>■ r- 1— « 

wrv 

> * oboo 1 



a* ™ 



infiS 



Ol CO -*< lf ^ SO i - 00 OS O i— 1 7-1 CO -f l^ C 
1 - 1 - 1 - t - 1 - 1 , r - r - cr /; j; <j, r <:jj 
00 00 00 00 00 CO CO Wj t/J t/j C/J t/J 60 C/j c 



ijOpaOrj 



.-:■ .-:-.£. ";«^? 



r _- i: ^ - — ~ 1 



Education in Texas 



941 



B CJ o'S St 

»H O JJ 

5-2- m_ 
~ 9 o .-s o 

O a O 9o 






Phq°, 



) CO 30 M 

) EH t- <o 

)-fOr- 



t-H i-t t-<0 

Cc> i> co i s 

CO <m CM CO 



SO O O ~ Di'K —■ O O -^ O f= O" 1 
o © 25 QcdOooOOui w o o 

C v r. N CO -; ih o "O © W ?i 71 O CO 
o 1 -r : T :/_■ -r yj -_r — . ; ; / :■: -t< iO h c 
CO CO (- CM (- O CO Od t- CO IO CO t* GO CO 



Q O M H CO H N ^ H i.O W H n t- t— 

~v -\~ :~ r. toni-i" ..; -r — ( jj cm 

CO CO r-t ~- CM 1- CT. ^i-W i.'fM H i< -f 

-*V: co ift CO co eo t^oO «To0 Oi ft© do 



8C is io c a iO O o © 
3 i - o 1 1 1 ' - 

i£> co co co CO 



coo i 3o5io«nioo 
coi-cocor-t^r— co** 



£■8 * 



t^oo - ~ " CO ' - 
co th <SS© ci — ■ :■ ■ - - 



ID rH rH CO CO CO 



CiCO-t*Ci30^Hl--CO *~ ~ CO CM m CO i-i 

— ^ « *t O - i ^ — cc i t ■ i co — - ; t^ 

oo oo r~. o. qoooohmw n cm cm 



*— r- t— t-- x-- r- r~ r- i- r- r^- 1-- 1- t^. t- 
j> 1- i- t- i> t- t> r- t-- t- t^ t^ t> 1-- r- 



H C-l CO -T LO ^i l"« CO Ol O -- 1 
rHHHHHH^nM?l(M 

O rn frj CO t li O t>- Op i O 

ffiC^©©©:rC)OT©C^CCS©;0) 



942 



University of Texas Bulletin 



3 2 ►> 

OS -G -M 

2 o t- 

'«» 
«_, ft 
C3-H o 



I I 



© CO JL^ CM ft 

HOa^j cm' 
00 rH io Tp -r* 



CM CO CO M< lO 



8388383868838 

i'ji^tng;Momt-i5Nf^oi 
in - o lo o o i^ w o n w m oo (d 

COrH0Ol~©O3C3CJ0C53CC>t~*33"'* 

CO — ^^Sl-ni^CIDfTN 
Htfi<NHlO00^r^P)N«O00 

C?300C3©***rHCOir3t~C33CO»OCM 



Of. 



,o a ai 03 

as Sw 

!z 3 ° >• 



HHH>»igriOOOtO 
In -** ^ ^* lO 1~ CM US CO 
© -*f CO CO C<) IO O^CM CD 

r-T r-l rH CM CM CO CM CO In 



^la^MI- CM CO X^fWOMf 
00N000>C)'^OOOOhMO 



u ft .9 



On}} 
omos 

Ift CO 03 OS 

HOIO« 

00 © © co 



CM 03 



! « 



838888S8 



) O W Oi N 6 "* ft 



CO i- ',"" 



a 5 

OO 

o 



in <S is - 
t> ©' t-c 



gig 



i-iOOW 
m ^* CM O 

« IO H H 

OcOhO 

CO t— ^ IO 
^ CM CO CM 



sssssss 



> ft CM ft Cs CD 

) i> ?-* ft -^ o0 



!Sgg 



888888888 

§cn i o io p > 2 o O co 
oi co ~. cm ifl cm ft ft 

00 fc» *ft IO CO CO CO*"rH CO 



- OC 00 CM O O 



1 O O LQ O 00 CM C 
i ft M< ft CM CM ft I 

■ rH 71 'N f ?1 H C 

■ -* ft -N IO ft ft < 



CO ft ft © 00 CO 



f-H i-l i-H CM CO 00 






-ft ft co 

1 CO CM rH 



H Jt- IO ft i-t CM ** 



HOHHtO^! 
CM CO UO 00 CD CM C 



ftrHCOCO'-HlOftt— 
rH CO -V CM CO i-t 



3.3 



Ot-H00»-*Oinr-i00M 
03CQIOr-tO"*H-*1'CO'* 
.-ICMCMCNICMCMCMCMCOmCO 



) Tf m CO f~ 00 _- 

i-ic<ico-*iocit~ob c» 
5= fate Si ■ ■ 



! 0? oB co oc So s i os ep S 5 In 8 S cs *> 3 S o © © o 8 © o < 

1 I I I 1 i J I i ill 1 I J.11TT iT^l 1 



66666666 as oSsssasassggssssaassssssss! 



INDEX OF SUBJECTS 



Academies, hoped public, will be encour- 
aged, 22; several exist, 29; duty of Con- 
gress to establish, 103; all should unite 
to establish, 107-108; should get und.-r 
way, 109-110; subscription for, 111; 
subject of establishing taken up, 117; 
were chartered, 130; establishment com- 
mended, 146; bill to establish, 147; bill 
to raise revenue for, 163; lot for, 166; 
lands voted to establish county, 167- 
169, 215-216; one league for, 109-170, 183, 
215; separate fund for, 1S2; should be 
visited, 138; organization discussed, 
184; bill to amend act in regard to, 
241; bill to appropriate money and land 
for, 245; had in contemplation, 253; 
not to be supported by state, 254: aid 
asked for, 2o*4; primary department as 
public school, 269, 306, 462; academic 
school, 471; all classes of schools to be 
supported, 600; for the thousands, 753, 
754 755; should be aided by state, 772; 
function of county, 844-S45; number in 
state, 846. 

Administration, by ayuntamiento, 31; 
financial, 40. 

Africans, tax from, for schools, 427, 
436, 437, 451, 457; schools to be en- 
couraged, 439; property excepted from 
taxation, 465; see also Colored Children. 

Agricultural and Mechanical College, pro- 
vision of Congress for, 539; time of 
organization, 580; discussion of found- 
ing, 597-599; Constitution on, 676; ex 
perimental farm advocated for, 705; 
Roberts reorganized, 7^4; $20,000 rec- 
ommended for, 729; recommended law 
be amended, 742-743; discussed, 748-750, 
7:5-756: transformed into, 765; function 
of, 771; means of support, 772; Ireland 
on, 798. 

Agriculture, instruction in favored, 339. 
729, 774, 779; colleges to be provided 
for, 530. 

Alcaldes, shall collect funds, 19; teachers 
paid by order of, 35; duty of, 39. 

Amendment to Constitution, recom- 
mended, 227; not recommended, 229, 
446; recommended, 282, 310; under con- 
sideration, 797: necessitates changes in 
law, 79S; joint resolution on, 802-803. 

Amendments to school law recommended, 
731-733. 

Anahuac, 92, 124. 

Anderson, 377. 

Anglo-American colonists, entrance of, 27: 
educational efforts of, 93; declaration 
of, 130. 

Apparatus, to secure astronomical, 133; 
chemical, 369. 

Apportionment of school fund, to be 
made, 267, 290, 462; under system 
adopted by board, 492; superintendent 
shall apportion fund, 570; for 1875, 009; 
board shall apportion, 689, 731; for 
1876, 704; ratio of local taxes to, 834; 
absence of condition for, 834. 

Appropriations, liberal, 163; for support 
of free schools, 733, 750; favor largest 
and maximum, 775. 

Aranama College, 332, 396. 

Article, Education, Constitution of 1845, 
212; Constitution of 1861, 416-417; taken 



up, 430, 433, 438, 441, 446, 627, 655, 603, 
067; of 1800, 449452; of 1869, 516-518; of 
1876, 673-676, 

Asylum, for deaf, dumb and blind, 283- 
284, 439, 451, 493, 620, 636, 643, 654, 657; 
Constitution on, 674-675, 771, 801; see 
also Lands. 

Assembly, petition to, 61; general, passed 
law, 715; letter to, 727. 

Assessors and collectors, duties of, 265, 
206, 270, 271, 272, 300, 462-463; failed in 
duty, 279; penalty for, recommended, 
280 1 ; to take scholastic census, 290, 525; 
compensation, 293; of African descent, 
437. 

Association of Teachers, memorial from 
State, 704. 

Attendance, regulations regarding, 16; to 
be looked after, 19, 34, 40; punctual, 
and teachers' salaries, 726; establish 
minimum average daily, 732; see also 
Compulsory. 

Austin, 174, 263, 359, 398, 399, 400, 710, 
754, 765, 824, 851. 

Austin College, 206, 331, 332, 376, 394, 786. 

Austin's Colony, school established in, 
134. 

Ayuntamientos, efforts to establish 
schools, 1; minutes of, at San Antonio, 
23-25; blanks for reports of, 20- duty 
to establish primary schools, 31, 42; 
duties of, 34, 35, 37, 38, 39, 40: letters 
to, 47-48, 113-114, 115; lands granted to, 
49; variously mentioned, 52, 53, 54, 56, 
57, '."8, 60, 01, 02, 63, 64, 65, 66, 67, 
75, 76, 78, 79, 106, 107, 109, 110; funds 
of, 81; minutes of, at Gonzales, 83-85; 
minutes of, at San Felipe, 116-117. 

Baptist Church, 377. 

Bastrop, 395, 397, 401, 403, 576. 

Bastrop College, 332. 

Baylor University, 204, 206, 332, 337-378, 
771. 

Bejar, 43, 46, 77, 81, 86, 91; see also 
Bexar. 

Bellview, 401. 

Bernardo, 128. 

Bevil, 92. 

Bexar, 24, 63, 64, 81, 91, 104; see also 
Bejar. 

Bill, appropriating lands, 164-165; to raise 
public revenue for establishing schools, 
166; to establish free schools, 258. 

Blair Bill, pending before Congress, 780, 
781, 802, S12, 813. 

Board of land Commissioners recom- 
mended, 615. 

Board of Directors, duties of, 87-90; for 
proposed literary institute, 113, 115; du- 
ties of, 522-524, 536-537; county, 565; 
should be abolished, 617, 638. 

Board of Education, authorized, 452, 477; 
recommended, 479, 489; duties suggested, 
490, 492, 493, 498, 499, 505, 509; duties 
assigned, 534; policy of, criticised, 556, 
573; rules of, obnoxious, 558; president 
of University to be President of, 607; 
duties suggested, 614-615, 616, 625; pub- 
lic school board, 632; recommended, 
643; school board suggested, 654: re- 
quired by Constitution, 674; all schools 
subject to, 685; much authority left to, 
686; duties of, 688-689; power vested in. 



944 



Index 



709; appropriations for, recommended, 

74i!: report of, 758, 798: had pienary 
powers, 791; constituted, 792, 805; duties 
assigned, 693, 731, 766, 7S7, 799; opinions 
of, 890; report of, 801. 

Board of Examiners, to be appointed, 
335, 404, 523; duties of, 695, 699; rec- 
ommended, 729. 

Board Of Piety, 42, 45, 46, 47, 48. 

Board of Public Instruction, recom 
mended, 616, 772; see also Board of 
Education. 

Board of Regents of University, 771. 77:!. 

Board of School Commissioners, author- 
ized, K9, 215; duties, 170; law forming. 
264; report, 319; police court to be, 460. 

Board of Supervision recommended, 729 

Board of Trustees, for academies, 184; 
composition and duties. 855-356: to be 
elected, 473; to be appointed, 523; du- 
ties, 524; for cities and towns, 720-721. 

Board of Visitants recommended, 184. 

Bohemians, 712. 

Books, all restrictions on, to be removed, 
108; list approved for use of people, 
LOS; library of, 133-134; variety of, 142, 
382; objectionable, 386; report best, 603; 
see also Text-books. 

P.omi.s, Railway, 409, 410, 413, 418. 

Bonds, recommended they be cancelled, 
528 . 

Bosque, 398. 

Bostick's Home, 127. 

Boston, Mass., 645. 

Boston, Texas, 397. 

Boundary Bill, Texas, 219; claims, 473. 

Brazoria, 92, 126, 127, 128, 129, 397. 

Brazos Courier, quoted, 189. 

Brenham, 544, 714, 784, 850, 851. 

Brownsville, 363, 400. 

Bryan. 401, 402, 595, 598. 

Bureau of Education, officers of, 533. 

Burnet, 401. 

Butler, 401. 

Cabildo, 8, 23, 24, 25, 53. 

Calvert, 544. 

Caney Creek, 127. 

Castilian, grammar, 38, 87; language, 49, 
84, 85, 120. 

Catechism, to be taught, 30, 67, 73; 
Ackerman's, of Arts and Sciences, 34; 
ordered, 65; political and religious, to 
be taught, 86, 87. 

Cedar Grove, 399. 

Cedula, 4, 7. 

Central Committee of Education, 263. 

Centralization, reasons for, 545. 

Certificates, requirements for, 170, 464, 
565, 5G8, 693; required, 490, 540; three 
grades recommended, 729, 732; three 
grades of teachers, 751. 

Chancellor, appointment advocated, 183, 
773. 

Chappell Hill, 398. 

Charity, education not a, 724. 

Cherokee Academy, 394. 

Chief Justice, County, 149, 264, 265, 266, 
267, 268, 269, 270, 291, 292, 302, 334. 

Chihuahua, 19. 

Christian Civilization, training in habits 
of, 1. 

Christian Doctrine, instruction in, 2, 13, 
72, 73: poorly taught, 21. 

Christian Education, in mission, 2: bene- 
fits of, 13, 28. 

Christian Faith, instruction in, 15. 

Church and State, separation of, 763. 

Church Hill, 396. 

Church schools, established by powerful 



ominations, 713; see also Private 
Schools. 

Cincinnati, 376. 

Circular of the State Superintendent, 270- 
272, 295 301 . 

Cities and towns, given control of 
schools, 571-572, 702-703; may levy tax 
572, 612, 702; may be constituted sip 
arate school district, 677, 685, 7<i(i 
have ample scope in, 709; schools in 
to be models. 710; plan tried in, 714 
law on control of public schools in 
720-722; law governing voting taxes in 
72:;, 787 789; may send children longer 
control of schools in, to lie en 
couraged, 77n : allowed to incorporate 
790-791 . 

City Councils, primary schools intrusted 
to eare of, 28; duty to establish com- 
mon schools, 173, 174. 

Civil War. 407. 

< llarksville, 399. 

Cleanliness required, 541. 

I Hassiflcation of schools, 537, 845-846. 

Cleburne, 816. 

Coahuila and Texas, 21, 26. 27, 29, 30, 
32', 33, 37, 38, 40, 48, 62, 78, 107, 117; 
government of, 120. 

Co-education, resolution on, 420. 

Cold Springs, 396. 

cole's Settlement, 128. 

Colleges, report on, 29; duty of Congress 
to establish, 103-104; Austin's plan for, 
111 116; resolution to appropriate money 
for. 245; aid sought for, 264; should be 
encouraged, 332; Methodists designed, 
369; common schools are people's, 326; 
to be used as common school, 462; for 
hundreds, 753. 

Colleges or Universities, bill endowing 
two, 168, 215; see also University. 

Collegiate Department, 389. 

Collegiate Seminary, 22. 

Colonization contract for, 32; law of, 
32-33. 

Colored Children, separate schools for,. 
496, 497, 499: received instruction, 543; 
relative population of, 661; fund appro- 
priated for, 690; defined, 692; best 
system for, 813; see also Separate 
Schools. 

Colored education, opposition to, 544; 
Colored Men's Convention, 581-584; 
freedmen's schools, 602; constitution on 
University for, 676; schools for, 702; 
normal for, 705; favored, 778; term de- 
fined. 804. 

Colored population, 712. 

Colored schools, colored and white sep- 
arate, 428, 438, 439, 470, 496, 544; see 
also Separate Schools. 

Columbia, 92, 127, 128. 

Columbia University, 129. 

Columbus, 362, 398, 400. 

Comal, 396. 

Comandante, General, 23. 

Commissioner of the General Land Office,. 
167, 340, 421, 471, 761, 801. 

Commissioner of Revenue and Taxation, 
604. 

Commissioners of Common Schools, du- 
ties of, 170, 215. 

Committee on Counties and County 
Lands, report of, 640. 

Committee on Education, for house, 148; 
report of, 153; report of, in 1845 Con- 
vention, 206-207, 208, 211, 212; report 
of, in Senate, 229, 230, 234, 241, 242, 
245; to ascertain information, 420-421; 



Index 



945 



report of, in 18C6 Convention, 422, 424, 
435, 443, 446, 458, 459; statement of five 
members of, 483; report of, in ItQi 
Convention, 488, 495, 510; report of, 
in 1875 Convention, 618-622, 644-648, 656; 
report of, objectionable, 502. 

Committee of Seven to memorialize, 552- 
553. 

Committee of Seven, special, £36, 637, 
639, 641, 644. 

Common free schools, advocated by 
Greenback Labor Convention, 707; have 
been improved, 764; mission of, 845. 

Common Schools, defects of, 160; lot to 
be set aside for, 166; act in relation 
to, 168-171; city council to promote, 
173, 174: teachers of, 183, 184; news- 
paper article on, 188; lands to be re- 
served for, 211; bill to amend act in 
regard to, 241; bill to establish, 254; 
opposed to University, 322-332; are 
peoples colleges, 326; must be opened, 
375: law of I860 on, 405-406; condition 
of support of, 418-420; duty of State 
to establish, 560; most statisfactory 
before the War, 743. 

Common school education, Sam Hous- 
ton on, 404; best means of promoting, 
743. 

Common school system, not understood 
in South, 260; seek to establish, 261; 
in relation to University, 328; will not 
answer all requirements, 337; and 
railroads, 419; reorganization recom- 
mended, 454; of first importance, 4fc8; 
superintendent necessary to, 477; to be 
provided, 494, 495-496: ground work of 
the, 412; advocated by Democratic 
party, 706. 

Community system, defined, 6:)6-699; not 
more man two schools in one com- 
munity, 729; leading feature of law, 
792; most satisfactory, 797; disadvan- 
tages of, 819 820; discussed, 830-831. 

Comptroller, estimates cl, 684; duties of, 
690-691; report, 801. 

Compulsory attendance, 11, 24, 34; to be 
required, 490; required, 517, 523, 526 
531, 535, 569; only excuse for non- 
attendance, 541; address on, 553-555; 
there shall be no, 602; no right to im- 
pose, 621; not intended, 645. 

Congress, report to Constituent, 28. 

Congress, duty to establish schools, 
academies, and colleges, 103, 104. 

Congress, enactments by constitutional, 
30, 117-118. 

Congress, U. S., lands granted by, 772; 
bill before, 781. 

Congress, General (Mexican), 27. 

Congress of the Republic of Texas, 130, 
131, 132, 146, 159, 162, 167, 169, 175, 
181, 182, 187, 189, 198, 213, 215, 218, 
219, 342, 417, 423, 452, 472, 492, 604, 
755, 788. 

Congress of the State of Coahuila and 
Texas, 27, 30, 37, 38, 40, 60, 61, 62, 64, 
112, 117. 

Corregidor, ordered to open schools, 5. 

Constitution, Federal, of Mexico, 27; 
project for, 103; devotion to, 120. 

Constitution of the State of Coahuila 
and Texas, 28. 29, 31; to be taught, 
30: devotion to, 120. 

Coastitution of State of Texas, proposed 
secession al, 121; of 1836, 131; of 1845, 
212-213; referred to, 214, 215, 216, 217, 
218, 223, 229, 230, 245, 246; quoted, 
252; language of. 253; school fund 



created by, 261, 317; change of, 320, 

344; referred to, 337, 405, 407; ordinance 

to repeal, 411-416, 417, 421, 424; of 

1866, 449, 473, 478; violations of, 547; 

amendment referred to, 580, 581; 

shackles imposed by, 593, 680, 6S2, 683, 

684; of 1876, 673-676; of 1S6> referred 

to, 678; unfit to become, (.82; man- 
datory, 715; amended, 794; amend- 
ments of, changed law, 801. 
Constitution of the Republic, 130, 131, 

647, 719. 
Constitutional amendment, recommended, 

310, 314, 344; joint resolution for, 802- 

803. 
Control, county, of schools recom- 
mended, 601. 
Control of all lands by state, 604 6)5; 

see also Lands. 
Control of education, to take entire, not 

intended, 645. 
Constitutional Convention, Journal of, 

1845,. 206-212; Secession Convention, 

1861, 407-416; Journal of Texas State, 

1866, 420-449; referred to, 470; Journal 

of the Reconstruction, 1868, 471 516; 

Journal of the 1875, 599-672; address to 

the people, 677-681. 
Convention of Texas, 1882, 119-120. 
Corn-field School, 257. 
Corpus Christi, 353, 398. 
Council of the Indies, 4, 5, 6. 
Counties- 
Anderson, 235, 274, 395, 398, 809. 

Angelina, 235, 274, 809. 

Austin, 235, 274. 

Bastrop, 235, 274, 544, 572, 809. 

Bell, 235, 274. 

Bexar, 235, 236, 237, 238, 239, 274. 

Blanco, 403. 

Bosque, 274, 399. 

Bowie, 235, 274, 347, 395. 

Brazoria, 235, 274, 347. 

Brazos, 235, 274, 809. 

Burleson, 235, 274, 809. 

Burnet, 235, 274, 402. 

Caldwell, 235, 274, 304. 

Calhoun, 235, 274. 

Cameron, 235, 274. 

Camp, 809. 

Cass, 235, 274, 347, 395, 809. 

Chambers, 809. 

Cherokee, 235, 274, 277, 295. 

Cohin, 235, 240, 274, 398, 544. 

Colorado, 235, 274. 

Comal, 235, 274, 308, 311-316, 348, 357. 

Cooke, 235, 240, 274, 402. 

Coryell, 274. 

Dallas, 236, 240, 274, 402. 

Davis, 401. 

Denton, 236, 274. 

DeWitt, 236, 274. 

Duval, 809. 

Ellis, 236, 274, 824. 

El Paso, 236, 274. 

Falls, 236, 274. 

Fannin, 235, 236, 240, 809. 

Fayette, 189, 236, 274, 349, 378, 395. 

Fort Bend, 236', 275. 

Franklin, 809. 

Freestone, 236, 275, 398, 400, 809. 

Galveston, 236, 275, 277, 278, 353, 356 

Gillespie, 236, 275, 316-317, 

Goliad, 236, 239, 275. 

Gonzales, 236, 275. 

Grayson, 236, 240, 402, 824. 

Gregg, 809. 

Grimes, 236, 275, 809. 

Guadalupe, 236, 2*75, 348. 



946 



Index 



Hardiil, 809. 

Harris, 236, 275, 401. 

Harrison, 236, 275, 809. 

Hays, 236, 275. 

Henderson, 236, 275. 

Hidalgo, 236, 275, 809. 

Hill, 236, 275, 544. 

Hopkins, 236, 275, 809. 

Houston, 204, 235, 237, 275, 544, 809. 

Hunt, 237, 240, 275, 809. 

Jackson, 237, 275. 

Jasper, 237, 275, 809. 

Jefferson, 237, 275, 809. 

Johnson, 275, 401. 

Karnes, 275. 

Kaufman, 237, 275, 809. 

Kinney, 237, 275. 

Lamar, 237, 239, 240, 275, 809. 

LaSalle, 809. 

Lavaca, 237, 275. 

Lee, 809. 

Leon, 237, 275, 351, 403. 

Liberty, 237, 275, 351, 809, 824. 

Live Oak, 360-361. 

Limestone, 237, 275, 809. 

Madison, 237, 275. 

Marion, 809. 

Matagorda, 237, 275, 809. 

McLennan, 237, 240, 275, 543. 

Medina, 237, 275. 

Milam, 235, 236, 237, 238, 275, 403. 

Montgomery, 237, 275, 839, 824. 

Nacogdoches, 237, 276, 809. 

Navarro, 237, 276, 396, 399. 

Newton, 237, 276, 809. 

Nueces, 237, 276, 360, 408. 

Orange, 237, 276, 809. 

Panola, 237, 276, 809. 

Polk, 237, 276, 809. 

Presidio, 237, 276. 

Red River, 205, 237, 276, 809. 

Refugio, 237, 276. 

Robertson, 237, 238, 239, 276, 809 

Rusk, 238, 276, 371, 396, 398, 403, 809. 

.Sabine, 238, 276, 809. 

San Augustine, 238, 276, 809. 

San Jacinto, 809. 

San Patricio, 238, 276, 360. 

San Saba, 400. 

Shelby, 238, 276, 809, 824. 

Smith, 238, 276, 809. 

Starr, 238, 276, 809. 

Tarrant, 238, 276. 

Titus, 238, 276, 438, 809. 

Travis, 235, 236, 238, 239, 276, 359, 400, 
543, 824. 

Trinity, 238, 276, 401. 

Tyler, 238, 276, 396, 398, 4u0, 809. 

Upshur, 238, 276, 809. 

Uvalde, 238, 276. 

Van Zandt, 238, 276, 809. 

Victoria, 23S, 276, 352. 

Walker, 238, 276. 

Waller, 809. 

Washington, 134, 238, 276, 399, 809. 

Webb, 238, 276, 809, 824. 

Wharton, 238, 276. 

Williamson, 238, 276. 

Wood, 238, 276, 277. 

Zapata, 809. 
County clerk, 265, 290, 291. 
County court, report of, 300. S02, 308, 

311-317, 347-352; to apportion fund, 333; 

duties, 336; duties as board of school 

directors, 522-523; might be county 

school boards, 685. 
County directors, to be elected, 565. 
County judges, duties of, 460, 823. 
County lands, three leagues voted for 



each, 167; an additional league for each, 
170; sales of, recommended, 310, 314, 
407-408, 459-4U0, 589, 606, 620, 626, 628, 
629, 640, 643, 648-650, 663, 674; exhibit 
of, 719-720: sale not recommended, 614; 
four leagues for each, 423; recom- 
mended, be under control of legislature, 
426, 451, 452, 518, 605, 606; be managed 
by state, 281, 477; part of fund, 479; 
put under legislative control and sought 
by speculators, 712-713; rescued for the 
schools, 713; set apart, 483, 679; remain 
under county control, 606, 607, 614, 619, 
629630, 636, 639, 640; report of commit- 
tee on, 629 630, 640, 643, 653, 656, 674; 
should be restored to rightful owners, 
678; each county shall have benefit, 766; 
act providing, for counties to be or- 
ganized, 789. 
County line schools, 30S, 335, 464, 566. 
Counties, to be districted, 170; see also 

District System. 
County treasurer, 2CB, 693. 
County unit recommended, 315. 
Course of study, provided in Constitu- 
tion, 30; in decree, 34, 38, 86; by ordi- 
nance, 67; in Austin's plan, 113; in 
Rutersville College, 194; to be same in 
all schools, 490; English branches, 526; 
defined by board, 534, 537, 539, 566; 
intended to instill radicalism, 558; re- 
duced, 593; should be prescribed for each 
grade, 754, 772; in state law, 809. 
Crime, concomitant of ignorance, 217, 
346; ignorance parent of, 262; will 
diminish, 519; to prevent, 316, 784, 843. 
Cuero, 398. 
Cumberland Presbyterian Church, 372, 

379. 
Currency, depreciated, 419. 
Curriculum, of proposed Literary Insti- 
tute, 113; Wesleyan College, 388-390; see 
also Course of Study. 
Dallas, 400, 585, 774, 812. 
Dangerfleld, 395, 397. 
Debt of State discussed, 733-740. 
Decalb College, 149, 204, 205. 
Declaration of Independanee, 130; re- 
ferred to, 155, 181, 486, 683. 
Degrees, to be offered in University, 184; 
not to be given by an academy, 458- 
459. 
Democratic Party, and public free schools, 

557; has robbed school fund, 777. 
Denominational Institutions, are best gen- 
erally, 772. 
Denison, 714, 784, 850, 851. 
Department, Collegiate, 389. 
Department of Bexar, 40, 42, 61, 65, 79, 

80, 113, 115. 
Department of Brazos, 92. 
» Department of Education, 572, 733, 791, 
792. 
Department of Public Instruction, for 
University, 184; should be in colleges, 
199; see also Normal Schools. 
Department of Texas, 61, 62. 
Despotism of Radical school system, 574. 
Diffusion of Knowledge, general, is useful, 
132, 133; near hearts of good and wise, 
151; being essential, 207, 212. 230, 416, 
423, 449, 488, 616, 618, 624, 642, 652, 655, 
673; prosperity and happiness depend 
on, 249; has failed, 434; favored, 644; 
to promote, 622, 647. 
Disbursement, illegal, 576-578. 
Distribution of school fund, for 1854, 
274-277; for 1855, 279; how to be made, 
296-299, 343; two months earlier, 303: 



Index 



947 



amount of, 318; summary, 475; pro- 
vided lor, 515 516, 518, 620, 622, 635, 
639, 657: for 1874 and 1875, 644. 

District system, to offer amendment to. 
260: abolished, 295: some counties 
working under, 301: more beneficial, 
303; effects of abolition, 308-309, 311- 
313, 316- recommended, 315, 479, 658; 
adopted, 794, 919-820, 831. 

Districts, county line, 308; see also 
County Line Schools. 

Districts, judicial, supervisors for, 533, 
536, 768; legislature to provide to 
divide state into, 479; shs recommended, 
729. 

Districts, common school, to' be formed, 
170, 565; counties must be subdivided 
into, 260: each to pay share, 261; law 
authorizing-, 264-265, 270. 315, 354, 356, 
357, 460, 473, 533, 565: legislature may 
lay off, '516; each county a, 522: pro- 
vision to be made for, C04, 613: rec- 
ommended, 638; when population dense, 
759; formation of permanent, recom- 
mended, 770, 798, 799. 

Domain, public, vacant state property 
to be rented, 39; Mexico possessed vast, 
130; appropriation of, 156, 229, 454; for 
internal improvement, 470; remaining 
should be added, 477, 479, 513; act to 
set aside one-half, 561: for support of 
schools, 600; all money from sale for, 
613; one-half for fund, 619, 622, 642; 
to be reserved for permanent fund, 776. 

Douglass, 371. 

Duval Academy, 394. 

Ecclesiastic Chapter, 104. 

Economy, an essential of free schools, 
782. 

Education, see Schools. 

Education at home, 164, 385. 

Education, English, 337, 526: Common 
English, 256, rudiments only, 685; six 
years sufficient to give, 7C9. 

Education, general, 600. 

Education, popular, cause of, 159; sub- 
ject of, 181; system of, 221: principal 
of, established, 337, 366; has advanced, 
818. 

Education, a public as well as private 
duty, 99; a private duty, 621. 

Education, public, one of first duties of 
government, 21-22; a state function, 27; 
in State Constitution, 30; Juntas for 
the support of, 39; Coke's message on, 
590-597. 

Education, universal, free schools lie at 
foundation of, 7S2. 

Educational conditions, 53, 362-387. 

Educational Society, 377. 

Efficiency, essential for free schools, 782. 

El Paso, 851. 

Empresario, 32. 

Endowment of schools, basis for, 613. 
638; see also Support and Maintenance. 

English language, 93, 113, 118, 120, 126, 
173; principally taught, 336, 464; pre- 
requisite to securing benefit of law, 
464; branches to be taught, 526: see 
also Education, English. 

Equipments, ordered for school, 65. 

Establishment of schools, ordered in 
Spanish America, 4; in La Bahia, 25; 
empresarios to promote, 32; Austin's 
letter on, 108; ayuntamiento shall pro- 
mote, 118: will conduce to happiness, 
189; see also Free Public Schools, etc. 

Examination, public, at Rutersville Col- 
lege. 196-198. 



Examination of teachers, advocated, 162, 
170; needed, 370; by board, 534, '565, 
633, 799. 

Extravagance, of radical regime, 573-574, 

656, 708: vast sums squandered, 712. 
Fairfield, 399. 

Farmers' Alliance, 816. 

Favoritism charged, 575. 

Federal Government, party placed by, 
712; centralization of power in, 781. 

Female education, duty of council to 
establish schools for, 173; academies 
advocated for, 184; character and 
habits of the females, 186: female de- 
partments, 190, 194, 196, 197, 198, 388, 
390; plea for higher, 372-374: separate 
female free schools recommended, 497; 
separate schools authorized, 697; see 
also Girls. 

Female teachers, normal to train, 603. 

Fernando de Santiago, 15. 

Fort Worth, 851. 

Freedmen' s Bureau, erected school build- 
ings, 543; teachers of schools of, 602". 

Freedom of thought, selection of text- 
books subversive of, 646. 

Freestone School Association, 361-362. 

Friends of Education, 245, 263. 

Free Governments, are liberal, 103; edu- 
cation essential to, 121, 122, 684; vital 
relation to education, 346, 480-481; 
growth of education, 600. 

Free primary school, report of, 81: see 
also PTimary Schools. 

Free public education, five free places 
provided, 19, 34; a sacred duty, 559- 
560; drift toward, 580; free instruction 
of all, 626. 

Free public schools, legislature shall 
establish, 207; support of, 213; serve 
interests better, 298; hoped for advance- 
ment of, 301; in favor of immediate 
establishment, 470; plan for, 214; duty 
of legislature to establish, 215, 217, 412, 
473: money to be used to establish, 
219; teachers for, 222; German's de- 
mand, 224; all schools declared, 291, 
306; municipal tax for, 352-357; to be 
established when funds sufficient, 619, 
654; recommended, 632, 654; increased 
tax necessary for, 645; a partisan 
scheme, for, 678; opposition to, with- 
drawn, 767-768. 

Free schools, legislature shaD establish, 
209, 211, 212, 473; fund for, 245; ques- 
tion of free or common schools dis- 
cussed, 253-263; looks well, 257; imme- 
diate action on, 366; committee recom- 
mends, 412, 416; no insurgent state had, 
481; Board of Education shall have 
power to establish, 499; legislature shall 
establish as soon as practicable, 633; 
made feature of reconstruction, 712, 
797, 798, 818, 821; free common, Roberts 
on, 724-728; lie at foundation, 782; a 
cheap charity school, 782; four essen- 
tials of, 732; poor, destroy private 
schools, 783; discussed, 797, 798-799, 
821-822. 

Free school system, unable to create ab- 
solute, 255; results of exclusion of, 365; 
no insurgent state had, 481; no objec- 
tion to some form of, 556: compared 
with other states, 591; see also Public 
Free, System of, etc. 

Fund, available school, defined, '527, 534, 
545, 569, 619, 674, 722, 723; used for 
schools, 632, 633, 642, 643, 653, 654, 650- 

657. 684; to be used to pay tuition. €61; 



948 



Index 



how constituted, 689-600; how to be 
used, 706, 804; bill setting aside, vetoed, 
733-734; all will be used, 797; estimate 
of, 821. 

Fund, common school, record of money 
of, 269; report on, 272; provides for 
poor, 405; proposed to take from, 408- 
409; ordinance to repeal, 411; interest 
due, 418: amount on hand to be ascer- 
tained, 421; amount of, 422-423; report 
on condition, 444 445: ordinance secur- 
ing, 445-440, 453, 455; fund entit'ed 
general, 473; recommended by Wbeelock. 
479: recommended bonds of, be can- 
celled, 528. 

Fund, county, separate for each county, 
18-2; denned, 616, 626, 62S. 

Fund, free common school, established, 
213, 245, 417, 441, 449; how constituted, 
616. 

Fund, genera], 182, 797; secretary for, 
183; general educational, 622, 647; prin 
cipal of all funds to remain inviolate. 
636. 

Fund, general school, sell lands for, 218; 
specie replaced by bonds, 289-290; con- 
solidated with special, 290; amount of 
reserved, 298. 

Fund, municipal to be used, 35, 39, 40; 
ask state, to build schoolhouse, 60-62; 
meagre, .si. 

Fund, permanent, two million set aside 
for, 226; income from, 273; recom- 
mended, 642; increase from sale of 
lands, 764; Old Texans provided, 711; 
contention in regard to, 715; consists 
of, 724-725; in lands, etc., 766. 

Fund, permanent school, 216; two million 
for, 246, 247, 527, 545, 591, 595, 606, 
610; defiled, 019, 625, 642, 653, 656, 
673, 6,84: will be adequate, 703; domai l 
reserved for, 776; new method of in- 
vestment necessary, 795. 

Fund, perpetual, established, 212; recom- 
mended, 232; reestablished, 416; recom- 
mended and ordinance on repayment, 
423-425; established, 449; how consti- 
tuted, 450, 491; control of, 452; pro- 
vision for, 454, 477, 483; items compris- 
ing, 520, 529 531, 614, 619, 639. 

Fund, perpetual public free school, set 
aside, 215; proceeds added to, 492. 

Fund, perpetual public school, motion 
on, 448; formed, 450; resolution on, 603, 
618; law setting aside, 642, 053, 050. 

Fund, public free school, recommenda- 
tion regarding, 423, 491; to be invested, 
492, 493, 673. 

Fund, public school, how constituted, 
439, 449, 491, 517, 531; lands for, 561; 
how constituted, 613, 638. 

Fund, special school, of each department 
to be used, 35: bill to invest in rail- 
roads, 241-242, 243; law on, 264; amount 
of, 273; distribution of, 274-277; re- 
port of committee on investment in 
railway bonds, 284-288; consolidated 
with general, 290, 296; all for indigent, 
347-348, 473, 474. 

Funds, lands, etc., shall constitute 
fund, tec, 517, 520, 638, 642, 653, 673. 
Funds, school, treasurer of, 65, 334; 
di nation of land, for sought, 119; no 
step taken to create, 120; million dol- 
lars recommended for, 226: balance to 
be paid out of, 261; two million dollars 
set aside, 264; discussed, 280-281, 287; 
specie replaced by bonds, 290; formed 
from two funds, 296; amount of inade- 



quate, 302, 309; misused, 309; two 
methods of distribution, 310; to be 
apportioned, 333: finds way into pockets 
of those able to pay, 347: how d'strib- 
uted, 350, 462, 564: future of, 414-415; 
railroads and,- 417; to be divid d 
among counties, 431; recommended fund 
bo paid, 453-454, 456; how to be in- 
vested, 453; payments held to be in 
fraud, 467-468; summary in 1861, 476; 
can be strengthened, 478; could be in 
vested in railways, 478; owing from 
railroads to, 4S8-486; how distributed, 
529; plundered, 560, 587; Coke en, C88; 
constitution of, 680-C90; investment of, 
799-800; Texas has best, 817. 

Galveston, 352, 354, 357, 306, 400, 402, 
710, 851. 

Garden Valley, 403. 

Georgetown, 401. 

German language may be used, 540. 

Germans advocate free schools, 224-225, 
584-585; population, 712. 

German Free School Association, 358. 

Gilmer. 390, 399. 

Girls, primary schools for, 87; taught by 
Miss McHenry, 135; early plea for, 200- 
201; needle work required in, 538; see 
also Female Education. 

Goliad, 48, 50, 86, 91, 92, 174, 332, 396. 

Gonzales, 83, 84, 86, 92, 104, 173, 174, 
205, 396. 

Gonzales Seminary, 127. 

Governor, views of, criticized, 715. 

Grammar school, two proposed, 63. 

Gradation of schools, 753; graded system, 
794. 

Gratuitous instruction, for one to five 
children, 34: demanded, 122: required, 
173: to be furnished by cities, 571; see 
also Free Schools, Tuition, etc. 

Gratitude money, each pupil shall pay, 
35; reduced to six dollars, 37; not 
allowed, 67. 

Greenville, 400. 401. 

Guadlaxara, 23. 

Guadalupe College, 204, 394. 

Gulph Prairie Settlement, 102, 127. 

llallville, 403. 

Hallettsville, 396. 

Hampden and Sidney College, 330. 

Harrisburg, 92, 122, 124. 

Harrisville, 403. 

Hempstead, 402, 756. 

Henderson, 371, 372, 395, 400, 401, 402. 

Hermann University, 204, 205. 

Higher Education, 384-387, 770-771; favor 
advanced education, 778. 

Higher institutions, list of, 204, 394-403; 
lands granted to, 205. 

High school, central, in each county, 
188; provision for, 570-571, 817, 835, 844; 
organization of, 851; reports on 850- 
851; advocated, 257, 315, 320, 480. 

Holidays, designated, 700; schools closed 
on, 804. 

Houston, 126, 398, 399, 401, 714, 784, 850, 
851. 

Houston's Home, 129. ; 

Huntsville, 206, 332, 363, 376, 396, 716, 
742, 756, 785, 786. 

Huntsville Male Institute, 394. 

Huntsville Academy, 394. 

Illiteracy, 202. 

Immigration, tide of, 219, 644, 645; tide 
of population setting westward, 710; 
swelling tide, of mixed races, 715. 

Indemnity, bonds, 246, 410; paid by 
Federal Government, 473, 520. 



Index 



949 



Independence, 332, 378, 771. 
Independence Academy, 204. 
Independent districts, 685, 766; see also 

Cities and Towns. 
Indianola, 403. 

Indigent, how to determine, 305-306; most 
in need, 308; money directly applied 
for, 343; are beneficiaries, 345-346; diffi- 
culty in determining, 350, 351-332; first 
to be provided for, 413, 474, 661; tax 
for, 465; list to be made, 466; state 
aided, 743; system did educate, 784; 
free tuition for, 818. 
Inspection of schools, committee charged 
with, must report, 118; see also Super- 
vision. 
Inspectors of schools, commissioners to 

be, 17(J; see also Supervisors. 
Internal improvement, problems of, 208; 
surplus to be devoted to, 219; system 
of, 220; facilitating, 251; report of 
committee, 284-286; present system of, 
320; more important, 345; advocated, 
469; land for, 561; colored convention 
favors, 534. 
Investment of school fund, 478, 492, 

795, 799; see also Fund, etc. 
Jamestown, 398, 401. 
Jasper, 395. 
Jefferson, 403. 
Johnsburg, 92. 

Junta, effort of, to establish school, 16 
de Gobierno, 17, 18, 19; superior, 22 
for support of public education, 39, 40 
Board of Piety, 43-45. 
Kaufman, 401. 

Knowledge and virtue, 178, 179. 
"Knowledge is power," quoted, 132, 177. 
La Bahia, 25, 2G, 50. 
La Grange, 378-379, 396, 399'. 
Lamar Academy, 394. 
Lampasas, 104. 

Lancastrian Schools, law establishing, 
33-36; referred to, 37; see also Mutual 
Instruction. 
Land grants, four sitios to Nacogdoches, 
48-49; six leagues suggested for a sem- 
inary, 107; set apart for establishment 
of school system, 130, 193; editorial on, 
201-202; recommended, 210; discussio ) 
of, 218, 222, 226, 281, 282, 337, 483, 
593, 604, 656, 771, 772. 
Lands, svstem of leasing, never worked, 

216- recommended, 811, 812, 813. 
Land Office, General, 168, 471, 801. 
Lands, bill to set aside, 148: two leagues 
for each county, 149; four leagues. 
150; Lamar recommends, 152; Commit- 
tee on Education recommends, 155; bill 
to set aside, 164, 165; law setting aside 
three leagues, 167: only to be leased, 
168, 169, 207; locating and surveying, 
171; location of, 182; for each county, 
209: one-half for schools. 211: Consti- 
tution sets aside, 213, 417; sale of, rec- 
ommended, 216, 218, 227, 309, 317, 425, 
615; considered, 234: amount granted, 
surveyed, etc., 235-238: cannot be dis- 
posed of, 226 227; sale of, recommended, 
227; public, to be let alone, 231, 281; 
fund may be increased by, 281: sale of 
railroad reserve, 317; appropriation of 
to San Augustine, 369; amount to be 
ascertained, 421; to be divided among 
counties, '431: not to be sold, 435-436; 
alternate sections for perpetual fund, 
450; sale of, not recommended, 459; 
legislature to provide for sale, 450, 454, 
491; one-half proceeds from sale of all 



lands, 454; public lands wasted, 447; 
means of strengthening school fund, 
477-478; sale to be provided for, 491; to 
be under control of legislature, 492; 
sale advocated, 588-589, 601; discussion 
of, 594-595; to be held sacred, 601, 604; 
recommendations on, 607-608: to be 
leased, 605; how to be controlled, 615; 
sale of, recommended, 619, 622, 626, 
647, 643, 653, 654, 656, 663, 741-742, 776, 
779, 800-801, 814, 817; shall be sold, 
673, 744; amount and value, 711; specu- 
lators and, 712-713; exhibit of, 718: 
how to be sold, 725; discussed sale of, 
748; large increase in sale of, 732; rapid 
sale, 760-761, 762; sale should be .con- 
fined to settlers, 775, 776, 779 : favor 
protection of, 778, 780-781; discussed, 
795-796, 800-801; be. sold in small bodies, 
816, 817; improvement on, 816; exhibit 
of, 718719; leasing recommended, 811. 
Languages, to promote instruction in, 
27: schools needed to teach modern, 
112, 113; in Wesleyan College, 390; may 
be taught two hours daily, 540. 
Larissa College, 372, 395. 
Lebanon, 402. 

Legislature, appealed to to grant land, 
120; duty to establish schools, 121, 226, 
340, 473, 733; functions left to the, 767. 
Lexington, 399. 
Liberty, 86, 92, 129. 
Liberty and education, 28, 77, 156; how 

civil to be continued, 159. 
Liberty of conscience, selection of texts 

subversive of, 646. 
Liberty, religious, 621; institution sub- 
versive of, 647. 
Library, public, 29; to be established, 

133, 311. 
Linden, 396, 398. 

Literacy, of Texas People, 185-186. 
Literary institutions, establishment of, 

163. 
Llano, 402. 

Loan to railroads, 319, 322, 344, 474, 483 

Loaning of school fund, not to be, 429 

provided for, 450; Pease on, 474 475 

method of loaning disapproved, 781. 

Local control, county, recommended, 601. 

Local tax, 603, 709, 799, 819, S20. 
Local taxation, 572, 770, 817-, 831, 834. 
Lockhart, 395. 

Lot set aside for school, 33. 
Lottery, to promote schools, 153. 
Maclure School, invitation to, 78, 80. 
McKenzie Institute, 204, 332, 399; laws 

of, 391-393. 
McNeil and Westall settlement, 102. 
Male Department, 338. 
Management, internal, 68-73; to be local, 

601; local, recommended, 799. 
Manhattan academy, 176; College, 204. 
Mansfield, 402. 

Marshall, 204, 371, 397, 402, 831. 
Marshall University, 204, 205, 332. 
Masonic Grand Lodge, 394. 
Matagorda, 92, 95, 127, 395. 
Matagorda Seminary, 204; University, 

204 . 
Memorial, of the inhabitants of Bexar, 
81- of the Philosophic Society, 131-134; 
on system of popular education, 147. 
181; of the Teacher's Convention, 727- 
730; on State University, 764. 
Messages, President Lamar, 153-152; 
Jones, 213-214; Governor Henderson , 
914-215- Wood, 215-216, 216-218; Bell, 
218-223^ 223224; Pease, 225-228, 279-284, 



950 



Index 



317321; Bunnels, 337-340, 340-345; §am 
Houston, 404-405; Murrah, 417-418, 418- 
420; Throckmorton, 453-454, 454-457, 
457-458; Pease, to convention, 470; 
Davis, 519-521, 528-532; Coke, 587-580, 
590-599, 683-687; Hubbard, 716-720: Bob 
tits, 724733, 733-740, 741-750, 751-753, 
753764, 764-771; Ireland, 794-795, 795- 
798. 

Mestenas fund, 17 ; 18. 

Methodist denomination, 369; seminary 
under, 372, 378. 

Mexicans, 712. 

Mexican government, 27, 55, 77, 99; 
Supreme, 120; charge against, 130, 155, 
156, 181, 683. 

Mexico, 23, 27; reason Texans took arms 
against, 97; Texas must furnish evan- 
gelists for, 378. 

Milam Literary Institute, 394. 

Millican, 544. 

Mina, 92. 

Missions, 1-4. 

Monclova, 40, 41, 49. 

Monumental Institute, 332, 397. 

Monterey, 7, 21. 

Montgomery Academy, 394. 

Montville, 128. 

Morals and social duties to be taught, 
27, 30, 3S; principles of manners, 67. 

Mt. Pleasant, 401. 

Mt. Vernon (Washington Co.), 134. 

Mt. Vernon (Titus Co.), 395. 

Music, 198. 

Mutual Instruction, school of, estab- 
lished, 28, decree establishing schools 
of, 33-36; method to be used, 87. 

Nacogdoches, 1, 8, 14, 41, 42, 43, 45, 
46, 47, 48, 49, 86. 92, 93, 94, 126, 128, 
371. 

Nacogdoches University, 204, 205, 371. 

Natural sciences, 27. 

Newburn, 397. 

New Braunfels, 311, 312, 359, 360, 398, 
714. 

New Braunfels Academy, 359-360, 398, 557, 
714. 

New Danville, 396. 

New Harmony, 79. 

New Orleans, 80, 140, 148, 3S5. 

Night schools, teachers may establish, 
541. 

Normal schools, decree establishing, 85, 
86; to be connected with University, 
339; required, 480; recommended, 589, 
603; some teachers educated in, 710; 
Peabody aid for, suggested, 714; neces- 
sary, 715; two established, 716, 751, 
765; Peabody aid ottered, pupils for, 
etc., 727-728; appropriations for, rec- 
ommended, 742, 747; report on, 752; 
discussed, 756-758; instituted to train 
teachers, 770; favor, 778; law estab- 
lishing Sam Houston, 785-787; have ad- 
vanced profession, 820. 
Normals, summer, have been established, 

765; function of, 770. 
North, obligation' to aid South, 364; 

duty to reform errors of, 384. 
North Alabama Colony, 127. 
Northern seminaries, education in, in- 
jurious, 325, 385. 
Oath of office, taken by teachers, 538, 
540; by State Superintendent, 562, 574. 
Orphans, provision for education of in- 
digent, 172, 230; tuition for, paid first, 
333, 413, 622-623; orphans able to pay, 
349; many would hail privilege, 263; 
tuition of, to be paid, 352, 474; in- 



tention to educate, 647; old system did 
educate, 784. 

Orders establishing schools, 4. 

Ordinance, municipal, decreed, 117; secur- 
ing funds, 445 446, 448, 453. 

Organization of schools, 66, 111, 710. 

Owensville, 403. 

Oyster Creek, 122, 128. 

Palestine, 372-373, 396, 401. 

Paris, 401, 402. 

Patrons, paying, 335, 352, 414, 474; un- 
able to pay, 255-256, 261, 296, 333, 348- 
349; meeting of, called, 266-267; does no 
good, 348; to become responsible, 297; 
method of determining those unable to 
pay, 305, 602; parents unable to pay, 
661. 

Pauper education, provision for, 465-466; 
see also Poor. 

Peabody agent, report of, 542, 708-716. 

Peabody Educational Board, financial 
assistance of, 580; offered for normal, 
727, 728; report to, 757. 

Peabody Fund. 542, 713, 714, 727, 728, 
751, 765, 787, 822. 

Penal laws, 74-75. 

Philosophic Society, 131-134. 

Pine Creek Female Institute, 201. 

Pittsburg, 403. 

Poles, 712. 

Police Courts, to apply tax, 457: board 
of School Commissioners, 460; may 
levy tax, 465; make list of indigent, 
466. 

Political sciences, 26. 

Poll tax, 492, 493, 513, 517, 520, 527, 
531, 603, 604, 605, 613, 630, 631, 632, 
635, 639, 642, 652, 653, 656, 657, 659, 
673, 679, 684, 6S9, 726, 733, 802, 803. 

Pomroy and Henry College, 330. 

Poor to be taught gratis, 122; received 
gratis, 173; will avail themselves of 
opportunity, 189; amendment providing 
for, 209; free education of, 262-263; no 
permanent class, 338; origin of system, 
339; monies to be applied to, 343, 347, 
349; system for, 418; trick to prevent 
education of, 682. 

Poor children unable to pay, 34, 40, 149; 
fund to be used for those unable to 
pay, 255, 256, 347; free education of, 
261, 262, 263; thousands become pests 
if not educated, 346; funds barely suffi- 
cient for, 414. 

Poor schools, 661. 

Population, 92, growth of, 206; knowl- 
edge of, 219; nationalities, 712; growth 
more rapid than fund, 769. 

Population, scattered condition of, 163; 
is sparse, 226; sparseness of, 260; 
sparsely scattered, 280, 315, 404, 471; 
Texas suffers from sparseness of, 542; 
provision for sparsity of, 570: a new 
and sparsely settled commonwealth, 
678; settlements scattered, 712, 744; 
state sparsely populated, 820. 

Port Sullivan, 400. 

Prairie View Normal, established, 716; 
appropriate ns for, recommended, 742; 
report on, 747; discussed, 756-757. 
Preparatory department, 190, 194, 198, 

388, 
Presbyterian Church, 376. 
Presidio, 10, 11, 12, 13, 25. 
Primary Department, counted as public 
school, 269, 462: institutions to have, 
307: in Wesley an College, 388. 
Primary education, instruction in, 24, 
25; state to give only, 837; institution 



Index 



951 



"where, may be furnished, 163. 
Primary schools, need of, 6; establish- 
ment ordered, 7, 11-12; all to contribute 
to establish public, 17; establishment 
of, 18: entrusted to care of city coun 
cils, 28; constitutional provision for, 
30; to be established by ayuntamiento, 
31; six public, to be established, 37; 
decree establishing-, 38: fund for, 40; 
to be established, 44, 46, 48: fund for, 
49, 53, 56; building- for, 57, 58: public, 
established in Bexar, CO, 02, 65: Pub- 
lic Free, 66-76: report of free, 81; 
to be established in higher institutions, 
86-87; fund to encourage, 121; part of 
system, 130: law establishing, 167: 
land for, 155, 167, 171, 215; to be 
established in districts, 315; one in each 
ward, 355; act of 1839 referred to, 472, 
527; to set on foot, 478; system of 
free, 479. 
Private schools, scholarships in, pro- 
posed, 222; counted as public, 269: all 
counted as public, 280, 291, 462: Hous- 
ton recommends aid to, 404; recogni- 
tion advocated, 507, 508, 667, 669; un- 
settled by radical regime, 712; people 
looked to, 519: only schools, 519; no 
sectarian doctrines to be taught in, 
525; free school blended with, 571; 
state aid for, 620: general system to 
co-operate with, 685; not to be un- 
der state supervision, 753; poor free 
schools destroy, 783; yield to public, 
794. 
Private teachers to fulfil requirements, 

525. 
Procurador, 23. 
Prizes to be given, 37-38. 
Public education, one of first duties of 
government, 21; condition of, 22; right 
to regulate, 27; in constitution, 30; 
no step taken to encourage, 120; senti- 
ment of world in favor of, 684; whole 
theory denounced, 715. 
Public free schools, tax to establish id 
Galveston, 353; provision for. 489-490; 
legislature shall establish, 517, 656; 
system of, 521; government of, 534; 
opened for first time in Texas, 5-13, 
708: Democratic party and, 557-559: 
entire public domain to support, 600- 
practical basis of organization of, 641- 
article on reported, 642, 643. 647, 65l! 
656, 673; special tax for, 672; revenue 
for, be specifically named, 757-758; dis- 
cussed, 753-714; Governor's message on 
683, 743-747, 751-753, 758, 765: functions 
of, 770; sentiment in favor of, 793- 
taxation for, 802: available fund for', 
804; see also Free Schools, System of, 
etc. 
Public instruction, report on, 28- gov- 
ernment to regulate, 85-86, 90, 91; 
Texas wants establishment for, 93'- 
subject discussed by ayuntamiento, 116* 
Public Schools, one to be established in 
each pueblo, 6; opening cf, 15- to be 
promoted by lottery, 153; bill for, 165 : 
erection and endowment of, 173; pro- 
vision for support, 214: constitutional 
provision referred to, 245; act concern- 
ing, 333; act regulating, 460-465: sub- 
ject of, to be handed over to legisla- 
ture, 502; article on, 516-518. 
Pueblos, 6, 7, 26, 49, 52. 
Punishment, cruel, complained of, 9 el- 

forbidden, 540. 
Radical Regime, 580. 768. 



Railroads, sale of, for debt, 486-487. 

Railroads, indebtedness of, to school 
fund, reasons for failure to repay, 474- 
475; amount of, 484-486. 

Railroad lands, 477. 

Randolph-Macon College, 330. 

Record of attendance, accurate, to be 
kept, 700. 

Record , teachers' , 568. 

Red Sulphur Springs, 402. 

Reform school, 814. 

Regency, Spanish, 1, 9. 

Regidores, to visit school daily, 19, 24- 
plan to erect building, 116. 

Religion, benefit to, 7; instruction in 
sacred dogmas of, 24, 34; Roman Cath- 
olic Apostolic, 29, 44; doctrines of Holy, 
to be taught, 67; no form of, in any 
public school, 690. 

Religious instruction, 17, 18, 95, 98, 224- 
education, 367; training, 762; in relaton 
to public schools, 762-764. 

Religious school, cost of building to be 
used for, 58. 

Religious sect, has no right to school 
funds, 636; see also Sectarian. 

Report of Board of Education required, 
688. 

Report of Secretary of State, 171. 

Reports, school, every six months, 13- 
required, 26, -;67, 291, 333, 517, 563, 564! 
568, 689, 79:>, 806; samples of work, 37- 
for 1832, 81; chrome remissness of, 475! 

Reports of Superintendent of Education, 
345, 471, 608, 688. 

Report of Superintendent of Public In- 
struction, First, 272-277, 301-311- re 
£"£! t0 - 317 > €8 »: of disbursements, 
475-4(6; to convention, 609-610. 

Reports, annual, by county court, 300 

Republic of Mexico, project of Constitu- 
tion for, 103; attachment to, 120 

Republic of Texas, newspaper in, 93- 
scholastic population is not known! 
157; lands set apart by, 647. 

Republican Academy, 394. 

Republican Government, education basis 

of, 106, 150, 180, 519, 684. 
Republican party, began extended system, 

Revenue, one-fourth annual, to be set 
apart, 482; not less than, to be used 
492; recommended, 513: to be set aside, 
513; set aside by law, 517, 520, 5^7 534 
545: act of 1870, 527; governor's mes- 
sage on, 528, 531; recommended, 613 
657; not more than, to be set aside 
642; levying, 644; recommended, 657- 
Constitutional provision, 673,679, 726- 
governor's message on, 684, 726- bili 
setting apart not more than, 673* 679 
72f ! : ^ biI L s « ttin & apart one-fourth! 
vetoed, 733-740; one-fourth demanded 
776, 777. 

One-fifth recommended, 478, 479- 

One-sixth recommended, 639; 

One tenth annua], to be set apart, 
207; not less than, to be set apart, 209- 
set aside, 212, 215; disposition of, 2ie! 
217; to be added to available fund, 226- 
fund arising from, 246: to be used for 
free schools, 255; tuition to be paid 
from, 268; fund accumulated from, 280- 
set apart by law, 284; validity of, 344 : 
to be diverted, 409; ordinance to repeal 
and report rn, 411-416; referred to, 473- 
blended with special fund, 474: abol- 
ished, 478; recommended, 603, 604, €19 
630, 652; not more than, recommended^ 



952 



Index 



653, 066; not teas than, recommended , 
630: 

One-twentieth recommended, 048; 
method of collecting criticised, 746-747: 
fund should come as general, 758; liberal 
appropriation of, 774. 

Rockwall, 402. 

Rosario, i. 

Rules, taught children, 73; for govern 
ment of schools, 536-541. 

Rusk County Academy, 204. 

Rutersville, 332. 

Rutersville College, 130; charter of, 189- 
193; catalogue, 193-195; publ'C rxamina 
tion, 196-198; chartered, z04; grained 
land, 205; description of, 377-378. 

Sabbath .School; see Sunday School. 

Salado, 1-12. 

Salary, teachers', to be paid from general 
treasury, 5; amount of, 19, 87; to be 
agreed on, 104; schedule of, 538-539; 
patrons to deternr'ne, <-02. 

Saltillo, 8, 21, 30, 31, 33, 62, 63, 65, 106. 

Sam Houston Normal, founding of, 580, 
724; appropriations for recommended, 
742; discussed, 756-757; act establishing, 
78:-787. 

San Antonio, S, 10, 16, 23, 25, 55, 83, 
91, 124, 144, 173, 398, 399, 714, 784, 851. 

San Augustine, 92, 128, 129, .'68-370, 371, 
388. 

San Augustine University, 108, 204, 205, 
368-369, 394. 

San Esteban, 22. 

San Felipe de Austin, 86, 92, 95, 10(5, 
107, 108, 100, 112, 115, 116, 118, 119, 
120, 126, 127, 135. 

San Fernando de Bexar, 1, 8, 10, 16, 18, 
20, 23, 57. 

San Jacinto, battle of. 124. 

San Patricio, 91, 92, 360 

Scholarships, suggested: 22a. 

Scholastic age, eight to fifteen suggested, 
639; eight to thirteen suggested, 635; 
fixed by constitution, 691; ask legisla- 
ture to extend-, 780; eight to sixteen, 
804; comparison in states, 834. 

Scholastic census, to be taken, 265, 271, 
290, 300, 567: incomplete, 529; constitu- 
tion on, 691-693. 

Scholastic population, not known, 157; 
number in 1856, 317; prior to receiving 
fund, 462; number, 529, 609; and increase 
of school fund, 725; increasing faster 
than revenue, 758. 

Scholastic year, dates recommended, 304: 
fiscal year, 334; four months, 526, 567; 
dates of, 537, 560; two sessions, 602. 
defined, 804. 

School fund, special, 241, 242, 243, 273, 
288, 285, 290, 2. .3, 296, 347. 

Schoolhouse, inventory and conveyance 
of, 29; confiscated house for, 24; block 
for site for, 33; contributions for, 45; 
estimate of expense, 57, 58-59, 60, 62; 
ask state funds to build, 61; subscrip- 
tion for, 108, 116; suggested for each 
county, 189; description of, 200; bid to 
locate number in each district, 233; loca 
tion of, 266; subscriptions for, and 
built, 311, 312, 316; have been built, 
362; scarcity of, 363; election to locate, 
161; school fund applied to building, 
461: tax recommended for, 479; district 
tax for, 403, 518: expenditures for, must 
be heavy, 519; board shall locate, etc., 
516, 523, "24, 537: act for taxing, 532, 
34; plans for, 537; bids for, adver- 
tised. 539; may be rented, 539; erected 



by Fiwdmen's Bureau, 543; none built 
by state, 543: burning of, 544: tax for 
illegal, 552: building of, criticised, 556- 
557; tax to build and repair, 567-518; 
extravagant expenditure for, 575; each 
district builds own, 577; to be provided 
by the community, 602; tax for, 614; 
burners to be brought to justice. 662; 
advice concerning construction, 688; con 
stitutional provision for, 700-702; per- 
manent buildings were put up, 794; wish 
to tax for, 807: available fund to be 
used for, 809; must rely on State funds 
for, 81o : need of discussed, 8o2^S33. 

Schools, see also Common, etc., Free, 
etc., Public, etc., System, etc. 

Schools, establishment ordered, 5, 6, 7, 
14; establishment of, to be encouraged, 
22; established, 24. 

School law, report of committee on, 573- 
578. 

School month, defined, 805. 

School statistics, JN'acogdoches, 50; Bexar, 
83; San Felipe, 118; summary of, for 
1877-1878, 717-718. 

Scenoes, natural, to be taught, 27, :,0, 
676. 

Secondary education, Baker's views, 8.35- 
836; how far should public free instruc- 
tion be carried, 837-844; Cooper's views, 
814-846: schools for, needed, 849; re- 
ports of U. S. Commissioner on, 850- 
851. 

Secretary of the Board of Education, 
Board may appoint, 687; letter of, 
quoted, 714; report of, 710-720, 730, 
733, 745-746, 752; by aid of, 757; Hoi 
l ; ngsworth appointed, 70:1-70;;. 

Sectarian doctrines, not to be taught, 
525; schools in which religion is taught 
not to receive fund, 690. 

Sectarian grants, none to be made, 617, 
616. 

Sectarian influence, University to be free 
from, 320; colleges result of, 330; not to 
:erc;sed, 540. 

Sectarian schools, 611, 643; relations of, 
discussed, 762-763; no part of school 
fund f< r, 766', 804. 

Secular instruction, 18. 

Seminaries, required by constitution, 30; 
proposed, 106-107, 323; of the state. 325; 
located, 372. 

Separate schools, to be provided for, 
470, 406, 407, 499; separation of pupils 
left with local directors, 534; for 
negroes, 567, 601, 603, (.20, 636, 643, 654, 
657; fund shall be apportioned to, 661; 
constitution requires, 674; two raies 
shad always be taught in, 702, 7 6; 
favored, 778; required, 804. See also 
Colored Schools. 

Sexes, best for proper education of both, 
772. 

Sharon, 396. 

Shelby ville, 395. 

Sherman, 851. 

Sister drove, 401 . 

Slavery, 38>. 

Southern Convention, speeches at the, 
384-387. 

Southern States, 386, 712. 

Spairards, educational efforts of, in 
Texas, 1. 

Spanish language, schools to teach, 4, 
118; expendiency of learning, 6; schools 
in, 32, 84; grammar, 69: where it may 
be taught, 03; instructing children of 
colonists in, 106; teaching of, 112; 



Index 



953 



teacher ol, 113; teaching of permitted, 

540. 
Spring Creek, 127. 
Standard of education, 769. 
Starville, 307, 398. 
States- 
Alabama, 247, 248, 329. 

Connecticut, 103, 247, 248, 254. 

Deleware, 247. 

Florida, 248. 

Georgia, 247. 

Illinois, 248, 254, 554, 592. 

Indiana. 247, 332, 440. 

Iowa, 478. 

Kentucky, 103, 247, 330. 

Louisiana, 248, 329. 

Maryland, 592. 

Massachusetts, 247, 234, 330, 592, 712, 

722. 

Michigan, 247, 591. 

Mississippi, 248, 329. 

Missouri, 248. 

New Jersey, 247. 

New York, 95, 247, 248, 254, 255, 2f0, 
262, 312, 330, 379, 678, 712. 

North Carolina, 24S. 

Ohio, 247, 330, 478. 

Pennsylvania, 157, 247, 248. 

Rhode Island, 247. 

South Carolina, 248. 

Tennessee, 247, 24S, 259. 

Vermont, 247, 478. 

Virginia, 103, 247, 330. 

W'seonsin, 247, 248. 
Suffrage, universal, necessitates universal 

education, 4S1; danger from uneducated, 

375, 684; literary qualifications for, 772. 
Summer normals, begun, 824; see also 

Normals. 
Sunday School, first in Texas, 95-9S; re- 
ligious education found in, 367; is only 

means of instruction, 375; meets with 
universal approbation, 376. 
Superintendent, lists submitted by, 89; 

selection of, 164. 
Superintendent, city, advocated, 625; re- 
quired for Peabody assistance, 710; plan 
of, tried, 714. 
Superintendent, county, Chief Justice, 
31 i; office recognized, 563, 564; chairman 
ex officio, 565; duties of, 565-366, 5i8; 
recommended, 616, 617, 625, 633, 732, 
768, 828, 8^2. 
Superintendent, district, six recommended, 

729: mentioned, 7'dS. 
Superintendent, ex officio, 268, 334, 343, 

lis. 473. 
Superintendent of common schools, state 
treasurer ex officio, 270; report of, 272- 
277, 279, 292, 295, 334, 339, 346, €03-611; 
expediency of, 421; Constitution pro- 
vided for, 477. 

Superintendent of education, 481, 638, 799. 

Superintendent of public instruction, 
needed, 258, 346, 349; in other states, 
259; 260, 489, 501; recommended in 
article, 428, 432; report reouested, 471: 
report, 317, 472-481; on Board, and 
duties, 48:); recommended, 501; pro- 
vided and duties of, 516; act establish- 
ing, 521-522, 524, 527, 534, 539_; duties of, 
533; reports sent to, 536, 537; privileges 
of, 538; reports of, 543-546; toi be elec- 
ted, and duties of, 562-564, 012-613, 616, 
625; report of, referred to, 644, 684, 
791 ', 792, 809; suggested, 761; office 
abolished, 792; recommended, 799; elec- 
tion and duties, 805-807. 

Superintendent, state, recommended, 278, 



314, 346, 349, 428, 479; to be appointed, 
452; appointed, 342; recommend, be 
abolished, 617; 289, 314, 407, 479, 542, 
617, 638; power not vested in, 703; office 
created, 794, 805; one of leading features 
of system, 768; Constitution did away 
with, 822; has succeeded in placing data, 
823. 
Supervision, regidores to visit school, 19; 
committee to visit, 31; junta to super- 
vise, 40;ayuntamiento to visit, 68, 115; 
curate to visit, 68; by inspectors, 88; 
committee shall report on, 118; by 
visitors to be elected, 183: by trustees, 
266-267; no one charged with, 474; vested 
in board, 479; by superintendent, 563; 
essential, 782; of private schools, 571; of 
colored schools, 602; by President of 
University, 607; vested in board, 616; 
vested in State Superintendent, (25, 
638; 355, 474, 479, 489, 324, 533, 536, 613, 
729, 732, 733; state controls, 743; a'l 
grades under same, 753, 761; local, 822- 
8B9. 
Supervisors, 118; authorized, 533; duties, 

536. 
Support and maintenance of public 
schools, duty of legislature to provide, 
207, 212, 214, 215, 217. 673: two million 
dollars for, 264; 416, 423, 449; required, 
454, 516; 488, 491; half public domain 
for, .61, 612, 618, t42, 653, 655, 673, 
681, 684, 6S7, 803, SU4 . 
Support of schools, annual revenue of 
lands for, b9, 212, 225, 226, 249, 441, 
478; school maintenance, 54, 207. 
System, step toward, of schools, 258- 
huge humbug, 434; efficient public 
school, 474; simple, advocated, 686'; ill 
adapted to Texas, 712: graded, advo- 
cated, 753-754; complete and efficient, 
761; has worked well, 707; weakness of, 
782-783. 
System of common schools, can be pro- 
vided without taxation, 213; bill for, 
230, 231, 232, 233; bill to establish, 242, 
253, 2>4, -Irl; discussed, 342-344, 346; 
general and uniform recommended, 419; 
minority report on, 511; thorough and 
efficient, to ba provided, 636. 
System of common free schools, efficient, 

810. 
System of education, public, 130; liberal, 
152: complete,- 176, 517; necessity of, 
178: uniform, would be secured, 182; a 
good, 198-199; beginning of, 270: more 
correct system, 308; not better civilizer, 
519; no more important subject than, 
583; whole collapsed, 712. 
system of education, general, power of 
Congress to establish, 104: duty of Con- 
gress to provide, 131, 472; bill to estab- 
lish, 147; act providing, 167; men exert 
themselves to establish, 175; of vital 
consequences, 221. 
System of education, permanent, import- 
ance of, 102: bill to establish, 148. 
System of education, public, failure to 
establish charged, 130, 156; advantages 
of, 370; must have, with universal suf- 
frage, 6S4; State, 713. 
System of free common schools, party 
"policy, 468; system of free primary 
schools, 479; policy to maintain, 587; 
effort to perfect, 725. 
System of free public schools, general, 
not without tax, 644; to be maintained, 
659; Constitution fails to secure, 682; 
duty to establish, 774. 



954 



Index 



System of free schools, amendment for, 
253-254; recommended, 423; legislature 
shall establish. 449; obligatory, 454, 661; 
some disposed to tax for, C78; unjust 
to impose tax lor, 679; old Texans 
earnestly desired, 711; 713; present, a 
failure, 782; efficient, 707, 816; see also 
Free School System. 

System of general education, duty of 
Congress to provide, 155; policy of 
maintaining, efficient, 681. 

System of permanent public schools, 472. 

System of popular education, memorial 
on, 147, 149; subject of, 182; advantages 
of, 221; maturing some practical and 
liberal, 223; conditions at beginning of 
war, 418. 

System of primary schools, to set on 
foot, 478; law demands free, 479. 

System of public education, general, 22; 
general plans to be formed, 30; perma 
nent and extended, 604; endangers re- 
ligious ilberty, 621; every state striving 
to perfect, 684; interests of Texas de- 
mand, 782. 

System of public free schools, 226, 349, 
499, 516, 529; act to establish, 521-527, 
533-533; act referred to, 542; establish 
and maintain, 562; Republicans favor, 
etc., 586; work of greatest difficulty, 
590; resolution on, 612; legislature shall 
establish uniform, 638; will increase be- 
yond values, 645; impediment to success 
of, 762-764; not intention to maintain 
by taxation, 646; recommended by Gov- 
ernor, 6S3; efficient, 642, 659, 673; re- 
quired bv Constitution, 684, 685; duty 
to establish, 685; advocated by Green- 
back Convention, 706; can be built, 768; 
demanded, 766; law on, 637; resolutions 
on, 706, 774, 775, 776, 777, 817. 

Svstem of public free schools, unform, 
'to be established, 490, 517, 604, 613, 6J8. 

System of public schools, opportunity to 
establish, 226; any system unwise, 434; 
maintenance important, 529; efficient, 
684; duty of legislature to establish 
efficient, 715. 

Svstem of Publ ! c Instruction, 214; legis- 
lature to establish, 616; thorough and 
efficient, 625. 

System of Public free instruction, 578. 

System of public free schools, efficient, 
duty of legislature to establish, 642, 
743; shall mature into, 744; relative im- 
portance of, 745: may be supported by 
taxes, 766: practical, of utmost im- 
portance, 774. 

System of public schools, 339; efficient, 
777; extended system begun, 791. 

System, public school, 370; not put into 
operation, 528; destruction of, 707. 

System, school, 130, 365; discussed. 221- 
222: best is simplest, 260: a huere hum- 
bug, 434; provide for efficient, 435; radi- 
cal, criticized, 818. 

Tax, legislature has right, 727; power to, 
797: unjust to tax; state has divine 
right to tax, 785. 

Tax, ad valorem, for schoolhouses, 523, 
525, 532, 567-568; report on, 547-552; in 
each county, 032; legislature shall have 
power to levy, 665; join resolution on, 
802-803; appropriated by law, 803 804. 

Tax, County, suggested, 189, 354; special 
school, in Comal County, 312, 358; Gal- 
veston County, 353-357; favor, 778, 77t>. 

Taxation, for support, 207, 208, 209; 
for free schools, 212, 416; people re- 



leased from, 219; direct, for education^ 
useless, 229, 247; must resort to, 225; 
balance desirable from, 261; increase 
oppressive, 343; municipal, 352-353, 359- 
360, 572; county, 353-358; interest on 
fund or, 454; to support school system, 
466; for free schools, 470, 473, 518, 546, 
550-551, 580, 602, 636, 614, 621, 631, 
639; increase of, 645-64G; recommended, 
658, 659, 672; heavy, impoverished 
state, 678; permitted in cities for 
schools, 703; large number object to 
principle of, 762; defense of, for schools, 
784; discussed, S01-S02; mentioned, 678, 
723, 762, 810, 819. 

Taxation, local, 494; in rural school dis- 
tricts, 761; reliapce must be on, 770; 
advocated, 784; adopted, 794, 797. 

Tax, on stock to pay salary, 60; paid by 
new colonists, 01; imposition may be 
necessary, 152: district tax recom- 
mended, 315; Galveston authorized to 
vote on levy, 352; direct tax recom- 
mended, 427; resolution against direct, 
434, 436, 437; disbursed every year, 
436; to be levied, 451; for colored 
schools, 457; for education of indigent 
children, 465; district tax provided, 
494, 518; how to be collected, 525, 526, 
734; one per cent to be levied, 538, 
539, 579; one per cent for buildings anu 
maintenance, 545; attempt to extort, 
558; for maintaining four months, 570; 
special district, 603, 604, 613: more to 
be collected, 605; cities may levy, 572, 
612; shall be applied as needed, 528; 
report on, 547-552; for school houses, 
567-56S: State shall not' levy, 623: rec- 
ommendations on, 635, 658, 659; in 
cities and towns, 759; for supporting 
public schools discussed, 766; law on in 
cities and towns, 787-789; opposition, 
owing to high, 791; to levy and col- 
lect, without reference to general reve- 
nue, 795; law on local, 807-808'; in each 
county, 632; direct, not intended, 646;- 
municipal tax permitted by constitu- 
tion, 677; some disposed to lay, 678; 
unjust to impose tax today, 679; one- 
fourth of, 689; need not resort to, 708; 
restriction of, 709. 

Taxes, State occupation, one-fourth, 802. 
803. 

Teachers, payment of, 6; list of, in San 
Antonio, 25; to be well qualified, 40; 
to be secured, 160; qualifications of, 
160-163, 199, 370, 538; scarc'ty of, 363- 
364, 589; to employ competent, 570;. 
greatest want is supply of, 589, 727; 
State Association of, 764; to improve, 
782: progress of, 820. 

Teachers, examination of, by commis- 
sioners, 170; demanded, 225, 335, 464, 
538, 565, 633, 699. 

Teachers, salary of, 12, 33, 36, 67, 86, 
87, SS, 94; must be adequate, 162, 163, 
267, 473, 538. 

Teachers, training of, 1C1, 184, 198; de- 
partment for, in colleges, 199; in Uni- 
versity, etc., 339; institutes for, 710. 

Teaching profession needs to be guarded, 
161. 

Teran, 92. 

Term, to be determined by patrons, 266, 
461; at least four months, 526, 567, 612, 
626, 631, 632, 654; too short, 590, 834; 



Index 



955 



money required to run four months, 
609-610; not less than six months, 616; 
with aid can increase to five, six or 
more, 797; length, 797; four months 
required, 65S; five months suggested, 
685; fixed by trustees, 699; length of, 
discussed, 758-759; might be increased, 
761; nine or ten months sought by 
some, 768; eight months advocated, 
778; ten months advocated, 779; State 
can pay for four, possibly five months, 
797; not less than six months, 803; 
present will be about six months, 821. 
Text-Books, superintendent to select, 
259; improvement demanded, 367-368; 
Northern, dangerous, 386; prescribed by 
board, 534; distributed by superintend- 
ent, 539; speculation on, 587; uniform 
system to be adopted, 603; selection by 
officials subversive, 645; to be deter- 
mined by teachers, 700. 
Texas State Grange, platform, 187S, 705, 

778-779. 
Texana, 395. 
To wash, 544. 

Transfer of pupils, 335, 566, 698. 
Transportation, need of, 206. 
Transylvania University, 103. 
Treasurer of the State, 265, 267, 268, 290, 
292, 300, 334, 336, 462, 463, 473, 525, 526, 
690, 691. 
Treasurer, County, 334, 336, 693-695. 
Trustees, for each county, 149: for each 
school, 184; to be elected, 265; yearly, 
314; duties of district, 266, 295, 296; 
election and duties, 460-462, 567; to be 
appointed annually, 525; to be elected, 
633; see also Board of Trustees. 
Trustees, district, 266, 617; should be 

elected, 799. 
Tuition, 10, 12, 35, 40; for support of 
schools, 81, 102, 164; of children exempt, 
269; of indigents, 296; fund retained to 
pay, for patrons unable to pay, 298; 
661; how to be paid, 299; rate for, of 
indigent, 306-307; fund used for, of in- 
digent only, 308; indigent, to be paid 
first, 333, 474, 622-623; ten cents per 
day, 335; Normal tuition to be gratis, 
339; a method of collecting, 350; must 
be certified, 405; equivalent amount to 
be secured, 419; fund to be used for, 
461; board to determine, 524; for high 
school instruction, 571; when to be paid, 
603; per capita, 610, 6S5; for four 
months, 644; of indigent orphans, etc., 
648, 661; gratis, 263, 479, 818, 835; made 
free, 767. 
Two Million Dollars, recommended, 226; 
bill to appropriate, discussed, 250-263; 
set aside, 264; referred to,-2S0, 344, 473. 
Tyler University, 332. 
Unsectarian, 672. 
United States Commissioner, Report of, 

542-546, 850-851. 
United States Indemnity Bonds, 226, 227, 
228, 264, 273, 413, 445, 448, 528; see also 
Bonds. 
United States Bonds, 483, 653, 673. 
Universal Public Education, 519. 
University of Eastern Texas, 394. 
University of Mexico, abolished, 89. 



University of "Virginia, 329. 

University, King asked to establish Royal, 

22. 
University (Texas), land set apart to es- 
tablish two, 130, 168, 215, 222; estab- 
lishment commended, 146, 152; lots to be 
set aside for, 166; establishment and 
organization discussed, 183-185; recom- 
mend land be surveyed for, 222-223; 
Germans demand, 225; $250,000 recom- 
mended for, 227; report on, 241; as free 
public school, 306; location of, 328; 
establishment recommended, 227-228; bill 
to incorporate, 243; versus denomina- 
tional and common schools, 322-332; 
final action to be taken, 340-342; a mat- 
ter for the future, 404-405; provision to 
organize, 428; establishment recom- 
mended, 454; discussed, 480; resolution, 
611; sale of lands, 748; Constitution on, 
675-676; established under Roberts, 580, 
724; establishment recommended, 754; 
memorial on, 764; located by vote, 765- 
■ Regent's report, 771; all colleges and 
academies should form, 772; resolution 
demanding establishment, 775; Ireland 
on, 795; favor early completion, 812- 
remove from political influence, 813- Re- 
gent's address to people, 847-848; state's 
duty to, 84S-849. 

University, State, 29; demanded, 225- 
recommended, 227, 241, 282, 318; versus 
denominational and common schools 
322-332; propriety of establishing, 607. 

University, two colleges or universities, 
lil; recommended, 223-224. 

University fund, 423, 444-445, 448; pro- 
vided, 451; ordinance securing, 453; reso- 
lution, 510, 607; Davis on, 528; set 
apart by Constitution, 675-676; debts 
should be paid to, 778. 

University lands, set aside, 130, 168, 239- 
240; not all surveyed, 283; surveyed, 
313; becoming valuable, 3SS; sale dis- 
cussed, 748, 765; to public school fund, 
439; to be part of public school fund. 
493, 608; constitution on, 675-676; sale of 
recommended, 742. 

Union Academy, 204. 

Ursaline Academy, 394. 

Veal's Station, 398. 

Velasco, 92, 129. 

Vice, ignorance mother of, 155; high road 
to, 179; and crime, 217, 346. 

Victoria, 91, 92, 173, 174, 352. 

Waco, 398, 399, 400, 402, 851. 

Waco University, 420, 781, 783. 

Washington, 129, 130, 377, 400. 

Washington College (Va.), 330. 

Washington, College, Texas, 204. 

Waverly, 397. 

Waxahachie, 403. 

Weatherford, 401, 851. 

Wesleyan College, 198, 368-370; courses of 
studies, 388-390. 

William and Mary College, 330. 

Woodville, 397. 

Yorktown, 403. 

Youth, educated abroad, 227. 

Zavala's Point, 128. 



INDEX OF PERSONS 



Ahernathv, B., 

618, 6-27, 630, 631, 634, 637, 

6l'.i, 630, 65a, 658, (55, 658, 650, 660, 

661, 662, 664, 665, 66.., 667, 668, 670, 671 
Abner, David, 

650, 651, < : 52, 6.15, 657, 

659, 660, 662, 664, 665, 668, 670, 671, 672 

Adams, P. P., 513, 514, 515 

Alaman, Lucas, _. 29 

Allen, Augustus C, 131 

Allen, M. W., 232, ?33, 241, 243, 244, 
127. 428, 429; 430, 432, 433, 434, 439, 410 

Allen, \v . Y., 154 

Alexander, Robert, 190 

Alexander, William, 541 

Allison, Thos. G., 

627, 630, 631, 633, 631, 636, 637, 

610, 6.50, 651, 652, 655, 658, 659, 6j0, 
. 661, 662, 664, 665, 666, 667, 66.S, 670, 671 

Almonte, Juan Nepomuceno, 91 

Alvarado, Ignaeio, 85 

Ames, Charles, 348 

Andeison, John D., 207, 209, 210 

Anderson, Win., 

427, 42S 429, 430, 432, 433, 

434, 437, 139, 4,0, 441, 412, 413, 447, 448 

Andrews, Mrs. E. A., 129 

Ardbalo,, Francisco, 25 

Arebalo, Padro Antonio, 23, 24 

Arispe, Ramos de, 21 

Arizpe, Ignaeio de, 32 

Armstrong, Cavitt, of R., 209, 212 

Armstrong, James, of J., 207, 209, 

195, 497, 498, 499, 500, 501, 5 '2, 503, 
504, 505, 506, 507, 508, 50y, 513, 514, 515 

Armstrong, <james, 

.. 232, 233, 234, 241, 243, 244 

Armstrong, M. L....322, 427, 428, 420, 
431, 432, 433, 434, 430, 410, 442, 413. 
417. 149, 195, 16, 497, 498, 499, 500, 
501, 504, 505, ".lie, 507, 508, 500, 513, 514 

Arnim, J. E., 

604, 627, 630, 631, 634, 637, 6-10, 

6.10, t51, 652, (..";"., 658, 659, 6u0, 662, 669 

Arredondo, Joaquin de, 7, 24 

Arreola, 49 

Austin, John, 119 

Austin, Stephen F. , 103, 

int. L06, 107, 108, 111, 116, 117, 129, 3.31 

Ayers, .Mr., 134 

Ayers, Mrs., 128, 135 

Bache, R., 207, 200', 210, 212 

Bacon, Sumner, 127 

Baeon, Lord Chancellor, 132, 773 

Unci n, Wm. P., 

427, 42S, 420, 430, 131, 432, 433, 134, 
437, 438, 430, 410, 441, 442, 443, 447, 448 

. J'.. ('., 207, 209, 210, 212 

Baines, J. W.. 810 

Baker, Rev. Daniel, 261, 331, 376 

Baker, 148, 149, 16", 

Baker, B. M., 798, 818, 821, 822, 835, 836 

Baker, William M., 26! 

c <\-< .1 's£ Maria, 75 

Hall, A., 

427,. 428, 420, 430, 432, 433, 134 

437, 438, 139, 440, 441, 442, 413. 417. 410 

Balltager, W. P.. 627, 628, 

639, 631, 633, 634, 637, 638, 64] , 640, 
650, 651 . 652, 655, F58, 659, 660. f'61 , 

662, 661. 665, (<n(>, 667. 668, 669, 670, 671 



Barker, Eugene C, 32 

Barnett, J. W., 

627, 630, 631, 633, 634, 637, 

640, 650, 651, 652, 655, 658, 659, 660, 
661, 662, 60.3. 664, 665, 666, 668, 670, 671 

Barrera, Francisco, 25 

Barrera, Manuel, 17, 18 

Bastrop, El Baron de, 63 

Baylor, R. E. B., 20,", 200, 210, 212 

Beach, Captain, 209 

Beall, W. P., 

426, 427, 428, 429, 430, 432, 433, 431, 

436, 437, 438, 439, 440, 441, -142, 443, 447 

Bean, Dn. Pedro, 45 

Beauchamp, Thomas D., no 

Bee, H. P., ..284 

Bell, J. H., 107, 168, 111, 12!) 

Bell, J. II., 467 

Bell, John c, 

495, 496, 497, 498, 499, .".nil, 501, 502, 
504, 505, 506., 507, 508, 500, 513, 514, 515 

Bell, P. H., 218, 223, 224, 230 

Bellinger, E., 

495, 406, 407, 408, 400, 500, 

502, 503, 504, 505, 507, 500, 513, 514, 515 

Benedict, H. Y., 322 

Bernard, Dr., 332 

1st 1, .Is ?i 85 

Benge, Ceo. ('., 127, 42fe, 420, 430, 431, 

432, 133, 131, 437, 430, 440, 442, 443, 447 

Bennet, 125, 126, 12S 

Birdsall, John, _. 131 

Blades, Rev. F. H., 3s8 

Blake, B., 627, 630, 631, 633, 634, 637, 

640, 650, 652, 65J, 660, 661, 662, 665, 666 

Blassingame, \\\, 

627, 630, 631, 633, 631, 63,", 6W, 

650, 651, 1 :,■ 6 5, 658, 659, 630, 662, 
663, 664, '65, 61.1., <;i.7, 66S, 670, 671, 672 

Bledsi e, Rev. Albert, 330 

Bledsoe, A., 405, 406, 497, 408, 490, 

500, 501, 502, 503, 504, 505, 566, 507, 500 

Bliss, Don A., 187 

Board, X. V., 

405, 496, 4:7, 406, 40!), 500, 5oT, .502, 

503, 504, 5(Jo, 506, 507, 508, 509, 514, 515 

Borden, Gail, ___ 127 

Boyd, J. B., 

495, 496, 407, 498, 400, M0, 

501, 502, 503, 504, 505, 566, 507, 508, 500 

Bradley, L. D. , :;6| 

Bradley, John M., 120 

Bradshaw, Amzi, : 

427, 428, 420, 430, 482, 433, 434, 

437, 438, 439, 440, 441, 412, 143, 417, lis 

Bragg, Dunbar, 361 

Brady, E. W., 627, 630, 

•31, 634, 637, 651, 652, 655, 657, 650, 
660, 662, 664, 665, 6 6, 667, 66S, 671, 672 

Brashear, J. W., 209, 212 

Branch, Ed. T., 148 

Brooks, T. D., 128 

Brown, Geo. W., 207, 209 

Brown, H. S., 120 

Brown, Dr. J. A., 358 

Brown, J. G., 458, 45:) 

Brown, J< hn Henry, 327, 

310, 600, 624, 627, 630, 631 . 633. 684, 
649, I 50, 651 . 652, 656, 658, 661, 662, 
663, 664, €65, 666, 637, 668, 670, 671, 680 
Brown, James, 496, 497, 513, 514, 515 



Index 



957 



Bruce, H. G., 

627, 630, 631, 634, 637, 

649, 650, 651, 652, 655, 658, 690, 660, 
662, 663, 664, 665, 666, 667, 668, 670, 671 

BrulV, Samuel 119 

Bryan, Guy M., 232, 233, 241 

Bryant, A. M., of Grayson, 495, 

496, 497, 498, 499, 500, 501, 502, 503, 
504, 505, 506, 507, 508, 509, 513, 514, 515 

Bryant, C. \V., of Harris, 

495, 496, 497, 498, .300, 5(0, 502, 503, 
504, 505, 506, 507, 508, 509, 513, 514, 515 
Buchetti, Juan F., 82, S3, 84, 104, 105, 106 

Bueniello, Don Thomas, 53 

BiulingtoM, A., 

495, 496, 497, 498, 499, 500, 501, 502, 
504, .506, 506, 567, 569, 512, 513, 514, 515 

Bumpus, J. K. , 

427, 42S, 429, 430, 431, 

432, 433, 434, 439, 440, 441, 442, 443, 447 

Burke, John, 

427, 42S, 4^9, 430, 432, 446, 441, 442, 447 

Burke, Peter 388 

Burks, J. H., 232, 233, 234, Z41 

Burleson, Ed., 627, 630, 631, 649, 

650, 651, 652, 655, 658, 659, 660, 1,61, 662 
Burleson, Dr R. C, 

7i0, 711, 714, 730, 771, 781, 785 

Burnet, David G., 131, 172 

Burnett, James R-, 

495, 496, 197, 498, 499, 500, 501, 562, 

503, b04, 505, 506, 507, 509, 513, 514, 515 

Burnham, Jesse, 119 

Burroughs, James M., —207, 209, 210, 212 

Butler, - r 148 

Butler, George, ... '. 119 

Butler, James P., 

487, 495, 509, 513, 514, 515 

Cacho, Franco, 17, 25 

Cadena, Antonio, ._ 16 

CahilJ, - 128 

Cain, T. C, 578 

Calbillo, Ignaeio, 10 

Caldwell, C., 

495, 496, 497, 498, 499, 500, 

501, 502, 503, 504, 505, 506, 507, 508, 509 

Caldwell, John, 207, 209, 210, 212 

tamp, J. L., of Upshur, 

427, 428, 429, 430, 431, 432, 433, 434, 
437, 438, 439, 440, 441, 442, 443, 447, 443 

Camp, L. B., of Goliad, 

427, 428, 429, 432, 433, 

434, 437, 438, 439, 440, 441, 442, 443, 447 

Campbell, Robt. C, 410, 416 

Cardis, Louis, 627, 

630, 631, 634, 650, 651, 652, 659, 660, 662 

Cargill, - 93 

Cariere, Jose, 46, 47 

Carle, Daniel, 19S 

Cainer, John, 361 

Carriaga, - 49 

Carrillo, 51 

Carter, W. F.,_ 495, 

496, 497, 498, 499, 500, 501, 502, 503, 

504, 505, 506, 507, 508, 509, 513, 514, 515 

Carrizal, Hacienda de, 105 

Castaneda, Carlos E., 4 

Castellano, Jose Y. S., 21 

Cazneau, Wm. L., 

207, 208, 209, 210, 212 

Chaffin, John 128 

Chambers, Ed., 601, 

618, 626, 627, 630, 631, 634, 637, 649, 
650, 651, (52, 655, 65S, 659, 660, 661, 
662, 663, 664, 665, 666, 668, 670, 671, 680 

Chirino, Bautista, 49 

Clark, Edward, 

206, 207, 208, 209, 210, 212 



Cline, H., 

•in, 623, 626, 627, 630, 631, 633, 634, 
637, 649, 650, 651, 657, 659, 660, 661, 
662, 664, 665, 666, 667, 66i, 670, 671, 072 

Cloud, J. W 129 

Cochran, Dr., 774 

Coke, Richard, ' 

589, 599, 687, 712, 783, 784 

Cole, D. VV. , 495, 

49b, 497, 45*8, 4:.9, 500, 501, 502, 503, 
504, 5u5, 506, 507, 568, 509, 513, 514, 515 

Colomo, Jose N. P. y., 24, 25 

Compos, Juan Vicente, 62 

Connell, John, 119 

Constant, D. C, 

495, 496, 497, 498, 499, .500, 

501, 502, 503, 504, 505, 506, 507, 508, 509 

Cook, L. P., 153, 164, 165, 160 

Cook, W. D. S., 

627, 680, 031, 634, 037, 649, 

650, Oil, 652, 655, 658, 659, 660, 661, 062 

Cooke, (j. B. , 

022, 626, 027, 030, 031, 634, 637, 

649, 650, 651, 652, 655, 058, 659, 660, 

661, 002, 664, 005, 606, 607, 668, 670, 67] 

Cooley, A. O., 030, 

631, 633, 63 1, 637, 651, 052, 655, 659, 
062, 004, 0-5, 666, 667, 068, 070, 671, 072 

Cooper, Milton, 730 

Cooper, Oscar H., 730, 825, 829, 831 

Copcland, - 129 

Cordova, Vicente, 41 

Cosgrove, Mrs. Mary Ana, 388 

Cottle, Almond, 84 

Cox, James VV'., 190 

Coy, Ygnacio de los Santos, 

20, 21, 45, 46, 47. 

Crane, Wm. Carey, 

203, 405, 730, 771, 773 

Crawford, W. L., 

603, 627, 630, 631, 633, 

634, 637, 649, 651, 652, 655, 659, 660', 
061, 662, 664, 665, 666, 667, 60S, 670, 671 

Crawford, Robert, 190 

Cueto, Miguel de San Martin, 6 

Cullen, E. W., 

148, 153, 154, 164, 165 

Cummins, 140, 142 

Cuney, Philip M., 208, 209, 212 

Cunningham, A. S., 209, 210, 212 

Cunningham, L. C, 264 

Curtis, Stephan, 495, 

490, 497, 498, 499, 500>, 501, 502, 503, 
504, 505, 506, 507, 508, 509, 513, 514, 515 

Dalrymple, W. C.,— 427, 428, 429, 430, 
432, 433, 434, 439, 440, 442, 443, 447, 448 

Daniel, W. P., 361 

Darnell, Nicholas H., 208, 209, 210 

Darnell, N. H., 627, 630, 631, 634, 637, 
648, 649, 650, 651, 652, 655, 658, 659, 
£60, 662, 664, 665, 666, 667, 668, 670, 671 

Davis, B. H., of Brazos, 

627, 630, 631, 633, 634, 637, 649, 

650, 651, 652, 6.55, 6.58, 659, 660, 661, 

662, 664, 665, 666, 667, 60.8, 670, 671, 672 
Davis, Bird, of Wharton, 

627, 631, 634, 637, 649, 

650, 651, 652, 655, 657, 659, 660, 661, 
602, 664, 665, 606, 667, 668, 670, 671, 672 
Davis, E. J., of Webb, 426, 427, 428, 
429, 430, 431, 432, 433, 434, 435, 436, 
437, 438, 439, 440, 441, 442, 443, 447, 
448, 467; of Nueres 468; 471, 483, 488, 
503, 510, 511, 519, 521, 52S, 532, 541, 
575, 576, 682, 707, 774, 776, 779, 783, 794 

Deans, - 128 

De Gress, J. C, 

541, 546. 575, 577, 783, 784 



958 



Index 



De Morse, Charles, 

604, 626, 6'27, 630, 631, 632, 633, 634, 
649, 650, 651, 652, 655, 658, 659, 660, 
662, 664, 665, 666, 667, 66S, 670, 671, 672 

DeWitt, Green, 32 

Degener, E., 

427, 428, 429, 430, 432, 433, 434, 

435, 437, 438, 439, 440, 441, 442, 443, 
447, 467, 495, 496, 497, 498, 499, 500, 
501, 502, 503, 505, 506, 507, 509, 513, 515 

Delgado, Gavino, 18 

Delgado, Manl., 16 

Dempsey, Francis W., 127 

Dennett (George}, I 117 

Dewees, W. B., 362, 363 

Diaz, Father, 41 

DillaFd, W. W., 627, 630, 631, 634, 637, 
649, 650, 651, 652, 655, 658, 659, 660, 
661, 662, 664, 663, 667, 668, 669, 670, 671 

Dinsraore, Silas 119 

Doane, Rufus, 232, 233, 243 

Dobson, A. B., 119 

Dohoney, E. L., -.624, 626- 

627, 628, 630, 631, (332, 633, 634, 635, 

636, 637, 65(1, 651, 052, 655, 658, 659, 
(60, 661, 662, 664, 665, 667, 668, 670, 671 

Douglass, J. P., -—627, 630, 631, 634, 

637, 649, 650, 664, 665, 666, 66S, 670, 671 

Douglass, Samuel C, 120 

Downing, Andrew, 495, 

496, 497, 498, 499, 500, 501, 502, 503, 
504, 505, 506, 507, 508, 509, 513, 514, 515 

Drake, O., 432, 

433, 434, 439, 440, 441, 442, 443, 447, 448 

Duke, Thomas M., 117 

Dunnam, A. J. C, 622, 626, 628 

Durst, James H., 232, 233, 243, 244 

Dyas, 136, 138 

Dyer, 122, 125 

Eaton, John, 546 

Eccleston, - .129 

Echols, C. T., 361 

Edward, D. B., 122, 127 

Edwards, William C, 232, 233, 241 

Elguezabal, Juan Bautista 11, 14 

English, William, 119 

Erhard, ('., 

601, 611, 627, 630, 631, 

634, 637, 649, 650, 651, 657, 660, 661, 632 

Escalera, Jose Maria, 23, 24 

Kscovar, Fr. Joseph, 2 

Evans, L. D., 20S, 209, 210, 211, 212 

Evans, L. D. , of Titus, 508, 509 

Everts, G. A., 208, 209, 210, 212 

Farias, Valentin Gomez, 85 

Fayle, W. R., 508, 513, 514 

Ferris, J. W., 

254, 261, 627, 628. 630, 631, 633, 634, 
6S7, 649, 650, 652, 655, 658, 659, 660, 
661, 662, 664, 665, €66, 668, 669, 670, 671 

Fidelia, - 201 

Fields, - 259 

Fitzallen, Oscar, 3C" 

Flanagan, J. W., 

427, 428, 429, 430, 432, 433, 434, 437, 
43!), 440, 441, 442, 443, 447, 448, 495, 
496, 497, 498, 499, 560, 501, 502, 503, 
504, 505,. 506, 507, 508, 509, 513, 514, 515 
Flanagan, Webster, 495, 496, 497, 498, 
499, 500, 501, 502, 503, 504, 505, 506, 
507, 509, 624, 627, 630, 631, 634, 637, 
r6>, 665, 666, 667, 668, 669, 670, 671, 672 

Fleming, W. H., 495, 

496, 497, 498, 499, .500, 501, 502, 503, 
504, 505, 506, 507, 508, 509, 513, 514, 515 

Fleming, J. R. , 627, 630, 631, 633, 

634, 637, 649, 650, 651, 652, 655, 658, 
659, 660, 661, 664, 665, 666, 668, 670, 67] 



Flores, D. Francisco, _. 23, 24 

Flores, Joachin, .. 10 

Flores, Jn. Felipe, - 10 

Flores, Jose Enrique, 16, 25 

Flournoy, George, 440, 

618, 627, 630, 631, 632, 634, 637, 649, 

650, 651, 652, 655, 658, 6.59, 660, 661, 

662, 664, 665, 666, 667, 668, 669, 670, 671 
Fonseca, Jose Antonio Gama y, 

67, 76, 83 

Forbes, Robert M., 208, 209, 21o 

Ford, John S., 

627, 630, 631, 634, 637, 

649, 650, 651, 652, 655, 659, 660, 662, 
634, 665, 666, 667, 668, 670, 671, 672, 681 

Ford, J. B., 775 

Foscue, F. F., 458, 459, 460 

Foster, H. H., 496, 497, 498, 499, 500, 
501, 502, 503, 504, 505, 506, 507, 508, 509 

Fowler, A. J., 388 

Foye, Frederick, 119 

Franklin, 253, 253 

Fulmore, Z. T., 823 

Gage, David, —207, 

209, 210, 212, 232, 233, 241, 242, 243, 244 
Gaither, J. C, 627, 630, 631-, 634, 637, 
649, 650, 651, 652, 655, 658, 659, 660, 
661, 662, 664, 65, 666, &S&, 670, 671, 6S0 

Galan, Don Luis, 16, 25, 52 

Gallatin, Albert 199 

Gambell, Wm., 360 

Gant, W. W., 147 

Garcia, D. Carlos, 85, 86, 88, 91 

Garcia, Luciano, 18 

Garner, Thomas Jefferson, 94, 126 

Garret, Jacob, 119 

Garza, Jose Anto de la, 59 

Garza, Jose Maria de la, 76 

Garza, Refugio de la 65, 75 

Gaston, M. A., 513, 514, 515 

Gathright, Thomas S., 747 

Gentry, A. M., 

425, 427, 428, 429, 430, 432, 433, 434, 
437, 438, 439, 440, 441, 442, 443, 447, 449 

German, J. L., 608, 

i27, 630, 631, 633, 634, 637, 649, 650, 

651, 652. 655, 658, 659, 660, 661, 662, 

663, 664, 665, 666, 667, 668, 670, 671, 672 
Giddings, D. C, 427, 428, 429, 430, 

432, 433, 437, 439, 440, 441, 442, 443, 447 

Glenn, Marsh, 499, 500, 501, 514, 515 

Goddin, M. H., 495, 493, 499, 

500, 501, 502, 504, 505, 506, 507, 508, 509 

Gonzales, Gabriel 11 

Gonzales, Rafael, 32, 61, 86 

Gortari, Mariano, 58, 60 

Gortari, Vicente, 18, 23, 24, 25 

Gray, B. W., 512, 513, 514, 515 

Gray, Win. Fairfax 131 

Grande, D. Jose Manuel 24 

Grayson, That S. G., 361 

Graves, A. C, 

618, 627, 630, 631, 633, 634, 

637, 649, 651, 652, 655, 658, 659, €60, 
661, 662, 664, 665, 666, 667, 668, 671, 672 

Grigsby, Aaron, 496, 497, 498, 

499, 500, 501, 502, 503, 504, 505, 506, 507 

Groce, Jared E., 119 

Grover, James M., 360 

Grosvenor, Lemuel, 128 

Guerrero, Dn. Francisco, 45, 47 

Guinn, R. H., 232, 233, 241, 243, 244 

Gutierrez, Francisco, __ 31 

Gurley, E. J., 429, 430, 441, 442, 448 

Gussett, N., - —360 

Hadly, Joshua, 119 

Haidusek, &., 775 



Index 



959 



Hale, Stephen, - 128 

Hall, M. J., 257 

Hambleton, 126 

Hamilton, A. J., of Travis, 467, 

496, 497, 49S, 499, 500, 501, 502, 503, 
504, 505, 506, 508, 509, 513, 530, 547, 553 
Hamilton, Morgan C, of Bastrop, .. 

513, 514, 515, 546, 553, 556 

Hancock, Geo., 546 

Hancock, John, 427, 428, 429, 430, 432, 
433, 434, 439, 440, 441, 442, 447, 448, 453 

Hanks, Wyatt, 119 

Harcourt, J. T., 553 

Hare, Silas, 775 

Harison, Jonas, 119 

Harn, C. D., 

496, 497, 499, 500, 501, 502, 503, 

504, 505, 406, 507, 508, 509, 513, 514, 515 
427, 4-28, 430, 432, 440, 441, 442, 447, 448 

Harrell, R. D., 775 

Harris, Mrs. Dilue, 122 

Harris, L. P., 495, 

496, 497, 4119, 500, 501, 502, 503, 504, 

505, 506, 507, 508, 509, 510, 513, 514, 515 

Hart, Hardin, 233, 241, 

Hartz, Hyman, 119 

Hastings, Thomas, 119 

Hastings, Wm. H., 128 

Hatcher, Mrs. Mattie Austin, 4, 116 

Haynes, Joseph E., 649, 

650, 651, 652, 655, 658, 659, 660, 661, 
<62, 664, 665, 666, 667, 668, 670, 671, 672 

Hemphill, John, 207, 209, 211 

Henderson, J. Pinckney, 

208, 209, 210, 214, 215 

Henderson, J. \V., 

427, 430, 432, 433, 434, 435, 

436, 437, 439, 440, 441, 442, 443, 447, 449 

Henry, J. L., of Smith, 

627, 628, 630, 631, 633, 634, 637, 649, 
650, 651, 652, 658, 659, 660, 661, 671, 672 

Henry, J. R., of Limestone, 

627, 630, 631, 634, 637, 649, 

650, 651, 652, 655, 658, 659, 6€0, 661, 
662, 664, 665, 666, 667, 66S, 670, 671, 672 

Hensley, W. R., 119 

Benson, David, 122, 123, "l28 

Hernandez, Juan Jose, 49, 53 

Herrera, Jose Ignacio _ '_ 85 

Hicks, A. W. O., 207, 209," 2l67~212 

Hier, A., 119 

Hill, F. A., 497 493 

429, 430, 432, 433, 437, 439, 441,' 443, '448 

Hill, Isaac L., 232, 233, 241, 243, 244 

Hogg, Joseph L., 207, 209, 210, 212 

Hoit, Samuel, H9 

Holmes, E. L., ™ 165 

Holmes, W..C, 630, 631, 634~, 637 

Holland, James K., 

229, 233, 241, 242, 243, "2447245 

Holland, S. 208, 210 

Hollingsworth, O. N., 579 

580, 597, 610, 712, 729, 733, 752, 757, 792 

Holt, Asa, 622, 626, 627, 630, 631, 

634, 637, 649, 650, 651, 652, 655, 658, 
659, 6;0, 662, 664, 665, 666, 668, 670, 671 

Holt, Benjamin, _ _ 119 

Home, W. E., 

496, 497, 500, 501, 505, 506, 507, 509 

Hooper, J. A., 578 

Horton, A. C, 209, 2io, 212 

Houston, Sam, 174, 187, 202, 404, 785 

Howard, V. E., 209, 210 

Hubbard, Richard B., 720 

Huckaby, John F., 361 

Huizar, Bruno, 83 

Hunt, H. C, 496, 513, 514, 515 

Hunt, Z., 427, 428, 429, 430, 432, 

433, 434, 437, 438, 439. 440, 441, 442. 447 



Hunter, Wm L., 209, 210, 212 

Hurt, J. M., 427, 428, 

429, 430, 432, 433, 439, 441, 442, 443, 447 

Ingram, Ira, 116, 119 

Ireland, John, 427, 428, 429, 430, 

432, 433, 437, 438, 553, 677, 795, 798, 821 

Irion, Van R., 208, 209, 210, 212 

Iron, Robert A., 131 

Isaacs, Elijah, 119 

Jack, Patrick C, 120 

Jamson, - 109 

Jefferson, Thomas, 329, 385, 785 

Jefferson, T. R. , 361 

Jenkins, 164, 165 

Jenks, W. C, 129 

Jewett, Henry J., 209, 210, 212 

Johnson, F. W., 119 

Johnson, J. P., of Titus, 427, 

428i, 429, 430, 432, 433, 434, 437, 438, 439 

Johnson, J. P., of Franklin, 

C27, 62S, 630, 631, 632, 

633, 634, 637, 649, 650, 651, 652, 655, 
658, 659, 6C0, 661, 662, 664, 665, 666, 669 

Johnson, John, of Collin, 627, 628, 

630, 631, 632, 633, 634, 637, 650, 651, 
652, 655, 658, 659, 660, 661, 662, 664, 665 

Johnson, M. T., of Tarrant, 

427, 42S, 433, 434, 

436, 437, 438, 440, 441, 442, 443, 447, 449 

Johnson, S. M., of Calhoun, 

41!"), 496, 497, 498, 499, 500, 

501, 502, 503, 504, 505, 506, 507, 508, 509 
Johnson, W., of Harrison, 

495, 496, 497, 498, 499, 500, 501, 

502, 503, 504, 505, 506, 509, 513, 514, 515 

Jcnes, of Austin, 148 

Jones, Anson, 131, 147, 14S, 164, 213 

Junes, George W., of Bastrop, _._427, 

429, 430, 432, 439, 440, 441, 442, 447, 459 

Jones, Isaac N., 14.S 

Jones, Oliver, 210 

Jones, William, of Bexar, 

428, 429, 432, 433, 442, 447 

Jordan, A. P. H., 495, 

496, 497, 498, 49.), 500, 501, 502, 503, 

504, 505, 566, 507, 508, 509, 513, 514, 515 
Jowers, William G. W., 233, 241, 243, 244 

Kaufman, David S., 131, 164 

Kealy, Thomas, 

496, 496, 497, 493, 500, 501, 502, 503, 

504, 505, 506, 507, 508, 509, 512, 513, 514 
Kendal. Mitchel, 495, 

496, 498, 499, 500, 501, 502, 503, 504, 

505, 506, 507, 50S, 509, 510, 513, 514, 515 
Keigv.in, Wm., 

495, 486, 4!>7, 498, 499, 500, 501, 502, 

503, 504, 505, 5<K, 507, 508, 513, 514, 515 
Keenan, Charles G., 

232, 233, 241, 242, 243, 244 

Kenney, M. M., 134 

Kennedy, J. W., 578 

Kerr, James, 119 

Kilgore, C. B., 627, 630, 631, 634, 

649, 650, 651, 652, 655, 658, 660, 662, 
664, 065, 616, 667, 668, 669, 670, 671, 672 

Killough, S. B., 627, 630, 631, 634, 

637, 649, 650, 651, 652, 655, 658, 659, 
660, (61, 662, 664, 665, 666, 668, 670, 671 

King, H. O., 627, 629, 630, 631, 633, 

634, 637, 640, 649, 650, 651, 652, 661, 662 

Kirk, A. L., 496, 497, 

498, 499, 500, 501, 502, 504, 505, 506, 507 

Koester, Th., 316 

Kueehler, Jacob, 187, 

498, 498, 499, 500, 501, 502, 503, 504, 
505, 506, 507. 508, 509, 510, 513, 514, 515 



960 



Index 



Kyle, Claiborne, 232, 233, 241, 243, 244 

Labranchc. Alcee, 132 

Lacy, Robert, 

627, 030, 631, 034, 635, 037, 649, 

650, 651, 052, 655, 658, 659, 060, 661, 
662, 664, 665, 666, 6 7, 60S, 670, 671, 672 

I. ;unar, Mfrabeau B., 131, 150, 

152, 166, 108, 171, 174, 175, 177, 181, 193 

Lane, R. H., 

427, 428, 4:12, 433, 440, 441, 442, 447 

Latimer, A. H., of Red River, 

208, 209, 210, 212, 427, 

428. 429, 430, 432, 433, 434, 439, 440, 448 
Latimer, H. R. , of L. , 208, 209, 210, 212 

League, H. H., 116 

Leal, Antonio Pacheco, 85 

Lcdbetter, EL, --427, 428, 429, 430, 432, 

433, 434, 437, 489, 440, 441, 442, 443, 447 

Leib, J. G., 487, 495, 513, 514, 515 

Lesassier, Luke, 119, 120, 121, 127 

Lester, .las. L., 154 

Lester, J. S. , 190 

Lewis, James 13., 300 

Lewis, John M.,_._208, 209, 210, 211, 212 

Lindsay, L., 

482, 495, 490, 497, 498, 4<)9, 500, 

501, 502, 503, 504, 505, 506, 507, 50a, 509 

Lindsay, R. M., 347 

Lindsey, J. M., 427, 428, 432, 

433, 434, 437, 438, 440, 441, 442, 447, 449 

Lippard, J. H., 

495, 496, 497, 499, 500, 501, 502, 

504, 505, 506, 507. 508, 509, 513, 514,. 515 
Lipscomb, Abner S., ...208, 209, 210, 212 

Lockhart, - 120 

Lockett, Thomas, 

612, 027, 028, 030, 631, 634, 637, 

649, 650, 651, 652, 655, 657, 659, 660, 
002, i 01, 665, 666, 067, 608, 670, 671, 672 

Lockridge, Gideon B. , 190 

Long, Ralnh, 

487, 496, 4' 6, 497, 498, 499, 500, 

501, 502, 504, 505, 506, 507, 513, 514, 515 

Looney, J. K., 119 

Looney, Samuel, ng 

Lopez, Caspar, 25 

Lott, E. E., 232, 233, 241, 243 

Love, David H., 361 

Love, James, 209, 210, 212 

Lovelady, - 127 

Lumpkin, P. O., 207, 209, 210, 212 

Lusk, Sam, 208, 200, 210 

Lytle, James T., 232, 233 

Lynch, F. J., 

605, 618, 027, 628, 630, 631 , 634 ~ 

635, 037, 049, 050', 651, 652, 659, 160, 
062, 004, 665, 606, 067, 668, 670, 671, 672 

McAnely, C--232, 233, 234, 241, 243, 244 
MeCabe, L. H., 

049, 650, 651, 655, 658, 659, 660 

McCormack, A. P., 425, 427, 428, 

429, 430, 432, 433, 434, 437, 439, 440, 
442, 443, 447; (McCormick), 513, 514, 515 

MeOormick, George, 

62S, 631, 632, 633, 634, 635, 637, 

649, 650, 055, 057, 65!), 6f0, 661, 602, 
064, 665, 666, 067, 068, 669, 670, 671, 672 
MeDade, Jas. W., 232, 233, 241, 243, 244 

McDonald, D., 119 

McParland, I. B., 351 

McFarland, William, 119 

McGowan, A., 208, 209, 210, 212 

McGuffin, Hugh, 119 

McHenry, Miss L. A., 128, 134, 135 

McKinney, S. A., of Denton, 

627, 628, 630, 631, 634, 637, 

649, 650, 651, 652, 655, 658, 659, 660, 
661, 662, 664, 666, 067, 668, 670, 671, 672 



McKinney, A. T., of Walker, 

650, 052, 055, 658, 659, 061, 

662, 664, 663, 686, 067, 608, 670, 671, 672 

McKinstry, Geo. B., 119 

McLean, \v. p., 

027, 628, 630, 631, 033, 034, 637, 649, 
050, 651, 652, 655, l58„ 659, 660, 662, 
664, 665, 666, 668, 069, 070, 671, 672, 680 

.McNeil, - 102 

McNeill, A., 207, 209, 210, 212 

McWashlngton, J., 495, 

496, 497, 198, 199, 500, 501, 502, 503, 

504, 505, 50 , 507, 50S, 509, 513, 514, 515 
Mabry, H P., . 

427, 428, 429, 430, 432, 

433, 434, 439, 440, 441, 442, 443, 447, 441) 

Mackey, John, 496, 500, 

501, 502, 503, 504, 505, 506, 507, 513, 514 

.Madden, - 93 

Mancbaca, D. Antonio, 45 

Maney, Henry, 349 

-Mauley, A. P., 190 

Marshall, - 384 

Martin, Bm. , 109, 111 

Martin, B. D., of Hunt, 

627, 028, 630. 631, 633, 

634, 635, 637, 041, 049, 650,, 658, 650, 
100, 661, £62, 664, 665, 666, 667, 668, 670 

Martin, Joseph, 358 

Martin, Marion, of Navarro, 

627, 028, 630, 031, 

633, 031, 635, 036, 037, 638, 041, 049, 
650, 651, 052, 655, 658, 659, 610, 001. 
002, 664, 665, 666, 607, 608, 070, 671, 672 

Martin, William H., 232, 233, 241, 243 

Martin, Wyly, 119 

Martinez, Antonio, 26, 53 

Mata, Don Jose Francisco de la, 

8, 9, 10, 25 

Mayo, J. G., 361 

Mayo, Mrs. Virginia, 19S 

Mayfield, James S., 208, 209, 210, 212 

Me:iifee, William, 119 

Middleton, W. B., 

427, 428, 429, 432, 433, 434, 

437, 438, 439, 440, 441, 442, 443, 447, 448 

Miller, J. B., 208 

Millican. E. M.,— 232, 233, 241. 243, 244 

Mills, John S., 

638, 049, 050, 651, 652, 657, 659, 060, 
662, 664, 065, 606, 667, €68, 670, 671, 672 

Milner, W. A., 3B1 

Mitchell, John, 

627, 628, 630, 631, 634, 637, 

04!), 050, (51, 652, 655, 657, 659, 660, 
662, 664, 655, 60G, 667, 638, 670, 071, 672 

Montrose, James M., 369, 379 

Mora, Dn. Juan, 45, 47 

Moreland, Joseph, 361 

Moody, W. L., 361 

Moore, Francis, 208, 26) 

Moore, L. W., .599, 618, 

627. 030, 631, 033, 635, 637, 638, 641, 
052, 054, 055, 658, 659, 660, 061, 662, 
604, 065, 660, 608, 6b9, 670, 671, 672, 680 

Moore, Thos., 407 

Morgan, James, 120 

Morris, J. R. , 612, 628, 630, 631, 633, 

634, 037, 049, 051, 652, 655, 657, 659, 
000, 664, 005, 660, 667, 668, 670, 671, 672 

Morse, John, 513, 514, 515 

Morton, William, 117 

Mullins, W. H.,. 513, 514, 515 

Mundine, T. H., 

495, 496, 497, 498, 500, 504, 

505, 506, 507, 508, 509, 510, 513, 514, 515 
Monroe, A. T., 495, 496, 497, 

498. 500, 501, 502, 503, 504, 505, 506, 507 



Index 



961 



Murchison, D., 

427, 428, 429, 430, 432, 433, 

434, 437, 439, 440, 441, 442, 443, 447, 4JS 

Muro, Migel, 54, 55 

Murphy, J. B., 

027. 628, 68] 632, 634, 685, 

637, 649, 050, 651, 652, 655, 659, 660, 
662, 664, 665, 666, 667, 068, 670, 071, 072 

Murrah, P., 417, 418, 420 

Musquiez, Miguel tie, 18 

Musquiz, Ramon, —42, 43, 48, 54, 76, 91 

Nabarro, Angel, 10 

Nail, Joseph, 190 

Navarro, Jose Antonio, 20 i 6, 209, 210, 212 
Neil, Andrew, 264 

Nelson, H. W., 427, 42S, 429, 430, 

432, 433, 434, 439, 440, 441, 442, 443, 447 
Newcoinb, James P., 467, 

495, 497, 4 10, 501, 503., 504, 

505, 506, 507, 508, 509, 513, 514, 515, 571 

Newell, Rev. G., 129, 175 

Newman, Simpson C, 

232, 233, 234, 241, 243, 244 

Norman, - 129 

Norton, A. B., 326, 

427, 42S, 429, 430, 431, 432, 433, 434, 
437, 438, 439, 440, 441, 442, 443, 447, 448 

Norton, James, 127 

Norris, J. M., 

427, 428, 429, 430, 432, 433, 434, 

437, 433, 439, 440, 441, 412, 443, 447, 448 

NorveU, Lipscomb, 

027, 6;J0, 631, 033, 634, 635, 637, 63S, 
641, 651, 652, 655, 658, 059, 660, 661, 
662, 604, 005, 666, 667, 668, 670, 071, 072 

Norwood, T. L., 730 

Nugent, T. L., 

627, 628, 631, 634, 635, 687, 

640, 649, 650, 651, 652, 655, 658, 659, 
660, 661, 662, 604, 665, 606, 607, 671, 672 

Nunn, David A., 627, 

631, 632, 633, 634, 636, 637, 641, 649, 

650, 051, 052, 055, 608, 659, 660, 661, 

. 662, 664, 665, 666, 667, 668, 670, 671, 672 

Orhiltree, W. B., 208, 212 

Olmsted, E. L., 379 

Orendain, Joaquin de, 10 

Owen, A., 361 

Padilla, Juan Antonio, 

32, 33, 45, 62, 63, 64, 65, 79, 80 

Palmer, E. A., 245, 258 

Parker, F. J., 427, 428, 429, 

430, 432, 433, 434, 440, 442, 443, 447, 448 

Parker, Isaac, 208, 209, 210, 212 

Parker, Jesse, -119 

Parsons, J. H., from Rusk, 

427, 428, 429, 

433, 434, 437, 438, 441, 142, 447, 448, 501 
Paschal, Isaiah A., 

232, 233, 241, 243, 244, 441, 442, 443, 447 

Patten, Nathan, 497, 498, 499, 500, 

501, 502, 503, 504, 509, 510, 513, 514, 515 

Patrick, J. B., 84 

Pauli, G., 

627, 628, 630, 631, 634, 637, 

649, 650, 651, 652, 655, 657, 659, 660, 
662, 664, 665, 666, 667, 668, 670, 671, 672 

Peabody, George, 711, 757 

Pease, E. M., 218, 225, 228, 

272, 279, 301, 321, 322, 470, 471, 472, 516 

Pedigo, H. C, 232, 233, 234, 243, 244 

Penis ton, Samuel, 127 

Pennington, Isaac M., 126 

Perkins, S. W., 347 

Pereyra, Anselmo, 16 



Perry, J. M., 

427, 42S, 429. 430, 432, 433, 434, 

437, 438, 439, 440, 441, 442, 443, 447, 448 

Phelps, - 127 

Phillips, A H., 

428, 429 !, 433, 434, 

437, 438, 439, 440, 441, 442, 443, 447, 448 

Phillips, John W., 204 

Phillips, William, of San Augustine, 

496, 

199, 500, 501, 502, 503, 504, 
506, 507, 50S, 509, 510, 513, 514, 515 
Phillips. W. J., of Wharton,— 

495, 496, 497, 498, 500, 501, 503, 

504, 505, 506, 507, 509, 510, 513, 514, 515 

Philoms, _ 102 

Pickett, E. B., 

609, 618, 620, 024, 029, 640, 641, 044, 663 

Piedras, Dn Jose de las, 45 

Pilgrim, Thomas J., 

95, 98, 102, 107, 108, 127 

Porter, J. S. , 

427, 428, 437, 438, 439, 443, 447, 448 

Posey, W. H., 

195, 190, 497, 500, 501, 502, 503, 504, 
506, 507, 508, 509, 510, 513, 514, 515 
Potter, M. M., 

229, 232, 233, 234, 241, 243, 244 

Powell, John, 360 

Power, James, 208, 209, 210, 212 

Prest, J. A., 128 

Pressler, Charles, 358 

Rabl), Andrew, 190 

Rabb, John, 199 

Ragland, William, 352 

Rains, Emery, 207, 209, 210, 212 

Ramey, W. N., 618, 

027, 028, 630, 631, 635, 637, 641, Q49, 
650, 651, 052, 655, 658, 659, 660, 661, 
002, 063, 664, 665, 666, 670, 671, €72, 680 

Ramirez, Jose, 52 

Ranck, J E., 

432, 433, 434, 437, 438, 439, 440, 447, 448 

Randolph, C. H., 346 

Randolph, Benton, 

42S, 429, 432, 433, 434, 439, 440, 447, 448 

Rankin, Melinda, 363 

Raymond, James H., 

272, 273, 301, 311, 316, 339 

Reagan, John H., 

627, 628, 631, 633, 634, 635, 637, 

619, 650', 651, 652, 655, 659, 600, 661, 
688, 064, 065, 066, 667, 668, 670, 671, 680 

Record, J. K. P., 

427, 428, 429, 430, 432, 

433, 434, 435, 437, 438, 440, 443, 447, 449 
Rentfro, R. B., 

027, 628, 630, 631, 634, 637, 

649, 650, 051, 652, 655, 657, 659, 600, 
662, 664, 665, 666, 607, 668, 670, 671, 672 

Reynolds, W., 

627, 649, 650, 651, 652, 655, 657, 659, 
660, 662, 664, 665, 666, 668, 670, 671, 672 

Reeves, R. A., 

427, 428, 429, 430, 432, 433, 434, 

435, 437, 438, 439, 440, 441, 442, 447, 449 
Richardson, Chauncey, 190, 196, 198, 199 

Richardson, George E., 119 

Richardson, J. O'B. , 

432, 433, 434, 439, 440, 441, 442, 443, 447 

Richardson, Mrs. M. C., 198 

Richardson, Stephen, 116, 117 

Ripalda, - 67 

Roberts, O M., 408, 412, 

428, 429, 430, 432, 433, 434, 436, 437, 

438, 439, 440, 441, 442, 443, 447, 580, 
724, 727, 728, 730, 740, 750, 753, 771, 781 



962 



Index 



Robertson, E. S. G , 

416, 627, 631, 684, 63.3, 637, 638, 

647, 648, 651, 652, 65S 660, 

662, 664, 665, 060, 607, 66S, 670, 671, 672 

Robeson, Joel W., 627, 

649, 650, 651, 652, 655, 658, 659, 660, 

■ 4, 665, 666, 667, 668, 070, 671, 672 

Robinson, William, 119 

Rocha, Julian de, in 

Rogers, E. C, 

495, 490, 497, 498, 500, 501, 

502, 503, 504, 505, 506, 507, 513, 514, 515 

Rojo, Francisco, 83 

Rose, Dr. P. W., 122 

Rosenberg, Win. Von, 358 

Ross, L. S., 

..627, 628, 630, 631, 634, 637, 

638, 641, 651, 602, 655, 658, 059, 660, 
662, 664, 665, 666, 007, 070, 671, 672, 680 

Rote, W. O.., 730 

Rowe, Joseph, 131 

Rowland, Samuel, ..177. 181 

Ruby, G. J., 487, 

496, 497, 498, 499, 500, 501, 502, 

504, 505, 506, 507, SOS, 509, 513, 514, 515 

Ruiz, Jose Francisco, 25 

Ruiz, Jose Donaeiabo, 59 

Runnels, H. G 207, 208, 209, 21 

Runnels, H. R. , 337 

345, 427. 428, 431, 432, 433, 434, 
437, 438, 431), 440, 441, 442, 443, 447, 448 

Rushing, Joseph C., 2S5 

Rusk, T. J., 147, 206, 212 

Russell, - 369 

Russell, J. P., oi Wood, 611, 

626 
650 
663 

Russell, S. H., of Harrison, 

630, 631, 

637, 649, 650, 651, 652, 055, 657, 660, 662 
Ruter, Dr. Martin, 378 

Saenz, Antonio, 18 

Salcedo, Nemesio, 11, 14, 19 

Sambrano, Juan Manuel, —16, 18, 25, 26 

Sambrano, Juan Jose, 18 

Sansom, Richard, 620, 622, 626, 

627, 630, 631, 633, 634, 637, 651, 652. 
055, 6>58, 659, 600, 632, 604, 665, 606, 067 

Santaleon, Tnes, 45 

Santos, J. Guadalupe de los, 54 

Santos, Dn Manuel, 45 

Sattier, Wm., 358 

Saucedo, Jose Antonio, 

10, 18, 25, 56, 57, 58, 61 

Saufley, W. P., 427, 42S, 429, 430, 

432, 433, 434, 439, 440, 441, 442, 443, 447 

Saul, Thos. S.,- 127 

Saunders, X. B., 

422, 427, 428, 429, 430, 432, 

433, 437, 438, 439, 440, 441, 442, 447, 448 

Sawyer, Mrs., 126, 129 

Sayers, Joseph D., 681 

Sayre, Charles D., 119' 

Scarbrough, E. B., 

232, 233, 234, 241, 243, 244 

Schneider, G. A., 578 

Schuetze, Julius, 

495, 496, 497, 498, 500, 501, .502, 503, 

504, 505, 506, 507, 508, 509, 513, 514, 515 

Scott, James, 209, 210, 212 

Scott, J R. , 495, 496, 497, 498, 

504, 505, 506, 507, 509, 510, 513, 514, 515 
Scott, P. »., 627, 

628, 630, 631, 634, 035, 637, 64S, 649, 
050, 651, 652, 655, 65S, 659, 660, 661, 
662, 664, 665, 666, 067, 06S, 670, 071, 672 



Scott, Wm. T., 

232, 233, 234, 241, 242, 243, 244 

Sears, Barn as, 

542, 727. 728, 732. 756, 757, 783 

Seguin, Josef Erasmo, 

Seguin, Juan A., 70 

Seguin, SaDtiagO, 23, 24, 25 

Selman, B. T., 127, 

429, 432, 433, 434, 437, 438, 441, 443, 447 
Session, G. A., 627, 

628, 630, 631, 033, 6:34, 635, 637, 

650, 664, 005, 666, 6(37, 608, 670, 071, 672 
Shaw, James, 427, 423, 429, 430, 432, 

433, 434, 439, 440, 441, 442, 443, 447, 448 

Shepard, James E., 427, 429, 432, 

18, 439, 440, 441, 442, 447 
Shields, B. G., 427, 429, 430, 432, 

133, 134, ! L, 442, 443, 447, 44^ 

Shuford, A. P., 428, 448 

Sims, James W. ,— 2 256 

Slaughter, G W., 

495, 496, 4';?. 498, 501, 502, 

504, 505, 506, 507, 508, 509, 513, 51 
Slaughter, R. A., 

427, 434, 435, 43S, 439, 447. 448 

Smith, Alex, of Lamar, 

432, 433, 434, 439, 440, 441, 442, 447. 448 

Smith, Ashbel, i: 

Smith, B. J., 

Smith, C. R., 

007, 027, 62,- 

634, 637, 619, 65< 

662, 664, 065, 666, 667, 668, 670, 67l, 672 

Smith, Geo. W., of Colorado, 

427, 428, 429, 430, 432, 

433, 434, 437, 438, 439, 440, 442, 443, 447 
Smith, Geo. W., of Marion, 

__j 495, 496, 497, 498, 499. 500, 

501, 502, 503, 504, 505, 506, 507, 50J 

Smyth, Geo. W., 209, 210 

Smith, Henry, 126 

Smith, Phineas, 129 

Smith, R. K., of Galveston, 495, 

496, 497, 498, 500, 501, 502, 503, 504, 

505, 506, 507, 508, 509, 512, 513, 514, 515 

Soli's, Father, 1 

Sorrell, M. L., 513, 514, &15 

Spaight, A. W-, 427, 42s, 429, 4S0 

Spell, Jefferson Rhea, 23 

Spikes, I., 

627, 630, 631, 633, 634, 635, 637, 

649, 650, 651, 652, 655, 658, 659, 660, 
662, 664, 605, 666, 667, 668, 670, 071, 672 

Standefer, Israel, 208, 209, 210, 212 

Stapp, Darwin M., 249 

Stayton, J. W., 

627, 628, 631, 632, 634, 635, 637, 

649, 650, 651, 652, 655, 658, 659, 669, 
662, 664, 665, 666, 667, 668, 670, 671, 672 

Sterne, Adolfo, 45 

Steussy, H., 358 

Stewart, Chas., 775 

Stewart, W. H., 416, 6S2, 

664, 665, 660, 067, 668, 609, 670, 671, 672 

Stockbridge, C. J., ■- 

495, 496, 497, 498, 500, 501, 502, 50.3. 
504, 505, 500, 507, 508, 509, 513, 514, 515 

Stoekdale, P. S., 

627, 028, 631, 632, 634, 035, 037, 

648, 651, 6.32, 055, 638, 600, 662, 064, 
C65, 660, 007, 06S, 669, 670, 671, 672, 6S1 

Stout, Wm. B., 257 

Sublett, Henry W., 

231, 232, 233, 234, 241, 213, 244 

Sumner, F. W., 495, 496, 497, 493 

Supervise, A., 232, 233, 234, 241, 243, 244 
Swenson, S. M., 530 



Index 



963 



Talbot, Joseph W., 

..468, 471, 481, 482, 487, 

488, 494, 495, 496, 497, 498, 500, 50] . 
502, 503, 504, 505, 506, 507, 508, 50:>, 510 

Tarrant, E. H... -208, 209, 210, 212 

Tavlor, M. D. K., 

__..' 232, 234, 241, 243, 214 

Taylor, Robert H., of Fannin, 

427, 428, 429, 430, 

432, 433, 437, 438, 439, 440, 441, 442, 443 
Tavlor, Win. M., of Houston, 

422, 424, 

425, 428, 429, 430, 432, 433, 434, 437, 
438, 439, 440, 441, 442, 443, 446, 447, 449 

Teel, T. T., 775 

Terrell, A. W., 849 

Thomas, G. B., 428, 429, 

430, 432, 433, 434, 438, 442, 443, 447, 44S 

Thomas, J. W., 

495, 496, 497, 498, 500", 501, 502, 503, 
504, 505, 506, 507, 508, 509, 513, 514, 515 

Thompson, Wells, 

129, 430, 432, 433, 434, 

437, 138, 439, WO, 441, 442, 443, 447, 449 

Thrall, Rev. Homer S., 198 

Throckmorton, J. W., 

260, 289, 408, 416, 422, 453, 454, 553 

Torres, Dn. Patricio, 45 

Tracy, J. G., 585 

Trask, Miss, 123 

Turner, . 259 

Tvu.s, Ben. R., 

433, 434, 439, 440, 441, 442, 443, 447, 448 

Urgarte, Jose Joaquin, 14 

Upson, C., 552 

Van Zandt, Isaac, 208, 209 

Valle, Santiago del, 32 

Varea, Sor. D. Estevan, 4, 6 

Varela, Mariano, 32, 63 

Varnell, Wm. M , 

427, 429, 430, 432', 433, 434, 

436, 437, 43S, 439, 441, 442, 443, 44 7, 
448, 495, 496, 497, 498, 5C0, 501, 502, 
503, 504, 505, 500, 507, 508, 509, 513, 514 

Vasquez, Jose Antonio, 54 

Vaughan, F. A., 495, 496, 

497, 498, 499, 500, 501, 502, 503, 505, 500 

Veramendi, J. M. de, 40, 41, 49 

Leona, Vicario, 36, 37, 38 

Viesca, Jose Ma., 63, 65 

Waarmund, W., 317 

Wade, H. W., 

_ . 605, 627, 628, 631, 632,, 634, 637, 
649, 050, 651, 652, 655, 658, 659, 660, 
662, 664, 665, 666, 667, 668, 670, 671, 672 
Waelder, J., —627, 628, 630, 632, 634, 
635, 637, 649, 650, 651, 652, 655, 659, 
660, 662, 664, 665, 667, 668, 670, 671, 672 

Walbridge, E., 261 

Walker, J. 0., 361 

Walker, Robert I., 116 

Walker, R. S., 

427, 428, 429, 430, 432, 433, 434, 435, 

437, 438, 439, 440, 441, 442, 443, 447, 44S 

Wallace, W. R., 775 

Waller, Henderson, 360 

Walton, W. M., 546, 553 

Waples, Joseph, 171 

Watrous, B. 0., 

467, 495, 496, 497, 500, 501, 502, 503, 
504, 505, 506, 507, 508, 509, 513, 514, 515 

Waul, T. N., 

427, 428, 429, 430, 432, 433, 434, 437, 

438, 439, 440, 441, 442, 443, 446, 447, 448 



Weathcrfoid, Jefferson, 

232, 234, 241, 242, 243, 244 

Weatherhead, Mrs., 201 

Weaver, W. T. G., 600, 627, 628, 630, 
631, 634, 037, 649, 650, 651, 652, 665, 666 

Weightman, E. R. , 127 

Wells, F. T., 128 

Wei's, R. B., 144, 145, 146 

West, O. S., 553, 631, 632, 

633, 634, 651, 652, 655, 658, 659, 660, 662 

Westall, 102 

Wharton, John, 149, 154 

Wharton, Wm. H., 119, 120, 148 

Wheelock, E. M., 481 

WMtaker, M. G., 

232, 233, 234, 241, 243, 24- 

White, Francis M., 208, 209, 210, 212 

White, J., 117 

Whitfield, J. W.,— 420, 426, 427, 428, 
429, 430, 432, 433, 434, 437, 438, 439, 
440, 441, 442, 443, 447, 449, 600; 618, 
623, 027, 628, 631, 632, 634, 635, 649, 
650, 651,' 652, 655, 658, 659, 660, 662, 
664, 665, 666, 607, 668, 670, 671, 672, 680 

Whitehead, W. W., 

628, 630, 631, 633, 634, 635, 

649, 650, 651, 652, 655, 658, 659, 665, 
662, 661, C65, 666, 667, 668, 670, 671, 672 

Whitmorc, G. W., 

495, 496, 497, 49S, 500, .501, 502, 503, 
504, 505, 506, 507, 50S, 509, 513, 514, 515 

Wilbarger, Josiah, 127 

Wilhelm, Chr., 358 

Williams, B. F., 467, 495, 

197, 49S, 499, SOO, 501, 502, 503, 
504, 505, 506, 507, 508, 509, 513, 514, 515 

Williams, Jno. S., 198 

Williams, Samuel M., 105, 106, 117 

Wilson, Erwin, of Brazoria, 

495, 496, 497, 498, 500, 501, 502, 503, 
504, 505, 506, 507, 50S, 509, 513, 514, 515 

Wilson, F., 390 

Wilson, J. H., of Milam, 495, ' 

496, 497, 498, 499, 500, 501, 502, 503, 
504, 505, 506, 507, 508, 509, 513, 514, 515 

Wilson, Sam. A., 427, 429, 430 

Winkler, E. W., 154, 225, 466, 467 

Winthron, C, 757 

Wood, _>. L., 360 

Wood. George T., 215, 216, 218 

Wood, Isaac P., 351 

Woods, P. C, 

427, 428, 429, 430, 432, 433, 

434, 437, 438, 439, 440, 441, 442, 447, 448 
Wren, Johnson, 

232, 233, 234, 241, 243, 244 

Wright, 1 48 

Wright, Arvin, 

495 496, 497, 498, 500, 501, 502, 503, 

504, 505, 506, 507, 508, 509, 513, 514, 515 

Wright, Charles, 198 

Wright, Geo. W., -208., 209, 210, 212, 360 
Wright, W. B., 618, 

649, 650, 651, 652, 655, 658, 659, 662, 680 
Wyatt, Peyton S., 1 47 

Yarhrough G.,- 495, 496, 497, 

498, 500, 501, 502, 503, 504, 506, 507, 508 

Yates, A J., 147, 181., 185 

Ybarbo, Dn Concepcion, _____ 46 

Ybarra, 10i >' 106 

Young, J. M., 

427 428 429, 43(5, 432, 433, 439, 440, 448 

Young, "Wm. C., 207, 209, 210, 212 

Yudo, D. Manuel, 20 

Zambrano, Juan Jose, 58, 60 

Zepeda, Victoriano, '«, »- 



ititi: 



„!r,!,^. ARY of congress 



019 885 445 1 



"Wlfflfflk 



tfufU 



Wsm Hi 11 

38 H & 

IH 1 




infill 




i'm&lmmsEmi 

l^^H 



1 



Mi 



■ 

■ 



ImiiHal 

ran $888 

naBSw ««■ 



